Bombay High Court Quashes Trial Court's Order Framing Preliminary Issue on Maintainability in Specific Performance Suit — Section 16 of Specific Relief Act Cannot Be Decided as Preliminary Issue Without Evidence. The issue of maintainability under Section 16 of the Specific Relief Act, 1963, is a mixed question of law and fact and cannot be tried as a preliminary issue under Order XIV Rule 2 CPC.
4 Apr 2018The Bombay High Court was hearing two writ petitions filed by M/s. Skyline Construction, a partnership firm, challenging an order dated 13th November ...




