Law aids vigilant, not those who sleep over their rights: SC

The law aids the vigilant, not those who sleep over their rights, the Supreme Court Friday said and upheld a high court verdict over a property-related dispute in Bengaluru.

- PRESS TRUST OF INDIA

A bench of Justices J B Pardiwala and R Mahadevan was hearing the issue over the forfeiture of ₹20 lakh paid as the first tranche of the total sale consideration of a property.

The bench, which elaborated on “earnest money” and “advance money” for being relevant to the matter, said the Karnataka High Court denied the relief of refund of advance money to the appellant as he did not seek an alternative prayer for a refund in the suit.

The top court said it was a settled position of the law that the plaint might be amended at any stage of the proceedings to enable the plaintiff to seek an alternative relief, including that of the refund of earnest money, and the courts were vested with wide judicial discretion to permit such amendments.