Amit Arya v. Kamlesh Kumari; 2025 INSC 1486 - S.28 Specific Relief Act - Doctrine Of Merger
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Specific Relief Act - Section 28 - The power to extend the time granted within the decree for performance of its conditions can be extended on such terms as the Court may deem fit- However, such non-grant of extension of time cannot, in our view, be the end of the transaction. (Para 7)
Doctrine of merger - The doctrine of merger means that at one point in time, only one decree can subsist. The doctrine of merger is founded on the rationale that there cannot be more than one operative decree at a given point of time. The doctrine of merger applies irrespective of whether the appellate court has affirmed, modified or reversed the decree of the trial court - when a higher forum entertains an appeal on merits, the doctrine of merger would apply. (Para 9-12)
Case Info
Key Details
- Case name: Dr. Amit Arya v. Kamlesh Kumari.
- Neutral citation: 2025 INSC 1486.
- Coram: Sanjay Karol, J. and Manoj Misra, J.
- Judgment date: December 19, 2025.
Caselaws and citations
- V.S. Palanichamy Chettiar Firm v. C. Alagappan, (1999) 4 SCC 702.
- Ramankutty Gupta v. Avara, (1994) 2 SCC 642.
- Kunhayammed v. State of Kerala, (2000) 6 SCC 359.
- Chandi Prasad v. Jagdish Prasad, (2004) 8 SCC 724.
- Shanthi v. T.D. Vishwanathan, (2019) 11 SCC 419.
- Surinder Pal Soni v. Sohan Lal (Dead) through Legal Representatives, (2020) 15 SCC 771.
- Ram Lal v. Jarnail Singh, 2025 SCC OnLine SC 584.
- Balbir Singh & Anr. v. Baldev Singh, 2025 SCC OnLine SC 103.
Statutes/laws referred
- Specific Relief Act, 1963 — Section 28 (Rescission in certain circumstances of contracts for sale/lease of immovable property, specific performance decreed).