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WHETHER SUBSEQUENT DEVELOPMENTS CAN BE TAKEN INTO CONSIDERATION IN A CASE


In Pratap Rai Tanwani Vs. Uttam Chand (2004  (8) SCC 490), Supreme  Court held that subsequent  developments can be taken into consideration to afford relief  to the parties, provided only when such developments had a material impact on those rights and obligations.

In Ramesh Kumar Vs.  Kesho Ram [1992 Supp. (2) SCC 623 where Supreme  Court  observed as follows : -  "The normal rule is that in any litigation the rights and obligations of the parties are  adjudicated upon as they obtain at the commencement of the lis. But this is subject to an exception. Wherever subsequent events of fact or law which have a material bearing on the entitlement of the parties to relief or on aspects which bear on the moulding of the relief occur, the court is not precluded from taking a `cautious cognizance of the subsequent  changes of fact and law to mould the relief."

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