https://www.taxtmi.com/caselaws?id=283337 The SC set aside the HC's order directing plaintiff to furnish an undertaking to pay Rs. 25 lakhs to defendants if unsuccessful in the specific performance suit. The Court held that no provision in CPC or substantive law authorizes courts to direct plaintiffs to provide such undertakings for damages. Section 151 CPC cannot be used to create liabilities not contemplated by law. While appreciating HC's intent to discourage frivolous litigation, the Court disapproved the method as wholly outside law. The Court exempted the suit property from Section 52 TP Act operation, allowing defendants to deal with property during suit pendency upon furnishing Rs. 3 lakhs security, calculated as reasonable profit from the alleged commercial collaboration agreement. en-us Mon, 05 Jul 2010 00:00:00 +0530 Mon, 30 Jun 2025 17:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283337 The SC set aside the HC's order directing plaintiff to furnish an undertaking to pay Rs. 25 lakhs to defendants if unsuccessful in the specific performance suit. The Court held that no provision in CPC or substantive law authorizes courts to direct plaintiffs to provide such undertakings for damages. Section 151 CPC cannot be used to create liabilities not contemplated by law. While appreciating HC's intent to discourage frivolous litigation, the Court disapproved the method as wholly outside law. The Court exempted the suit property from Section 52 TP Act operation, allowing defendants to deal with property during suit pendency upon furnishing Rs. 3 lakhs security, calculated as reasonable profit from the alleged commercial collaboration agreement. Case-Laws Indian Laws Mon, 05 Jul 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283337