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Bombay High Court Dismisses Petition Challenging Rejection of Plaint Rejection Application in Suit for Specific Performance. Court holds that plaint cannot be rejected under Order VII Rule 11 CPC when it discloses a cause of action and raises triable issues regarding fraud and misrepresentation.

The petitioners, defendants in a suit for specific performance, filed a writ petition under Article 227 of the Constitution of India challenging an or...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Plaintiff Failed to Prove Readiness and Willingness. Agreement to Sell Not Proved as Genuine Due to Lack of Evidence of Execution.

The appellants, original plaintiffs, filed a suit for specific performance of an agreement to sell dated 15th June 1981, allegedly executed by the res...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Upholds Rejection of Delay Condonation for Filing Appeal Against Ex Parte Decree. Delay of Over 2 Years in Filing Regular Civil Appeal Not Sufficiently Explained, No Sufficient Cause Shown Under Section 5 of Limitation Act, 1963.

The respondent (original plaintiff) filed Regular Civil Suit No. 140/1997 for specific performance of contract against the appellant (original defenda...

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Bombay High Court Dismisses Petition Challenging Permission to File Written Statement Beyond Limitation in Specific Performance Suit. Order VIII Rule 1 CPC Held Directory; Legal Representatives of Deceased Defendant Allowed to File Written Statement as No Prejudice Caused to Plaintiff.

The petitioner, Subhash Dhanraj Sankla, filed a suit for specific performance of an agreement to sell a property owned by Rhoda Phiroze Noble. The ori...

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Bombay High Court Allows Restoration of Suit Dismissed for Default Against Legal Heirs of Deceased Defendant. Order 22 Rule 4 CPC does not require separate summons to legal representatives already on record, and dismissal for default was improper.

The petitioner, Samaj Bhushan Griha Nirman Sahkari Sanstha, filed a suit for specific performance of an agreement dated 16/05/1988 against Shankar Nag...

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Bombay High Court Allows Specific Performance of Sale Agreement in Second Appeal — Upholds First Appellate Court's Decree for Execution of Sale Deed. Agreement for Sale of Agricultural Land for Rs.80,000 with Rs.60,000 Earnest Money Held Genuine and Enforceable.

The present second appeal arises from a suit for specific performance of an agreement of sale. The plaintiff (respondent) and defendant (appellant) en...

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Bombay High Court Allows Appeal in Suit for Specific Performance of Agreement to Sell — Plaintiff Fails to Prove Readiness and Willingness. Agreement to Sell Dated 2004 Not Enforceable as Plaintiff Did Not Show Financial Capacity or Deposit Balance Consideration.

The case involves a First Appeal filed by the original defendants against the decree of specific performance of an agreement to sell dated 15.04.2004....

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High Court of Karnataka Allows Revision Petition in Execution Proceedings for Specific Performance — Decree Holder Entitled to Execute Decree Despite Judgment Debtor's Death. Order 22 Rule 12 CPC Provides That Execution Proceedings Do Not Abate by Reason of Death of Judgment Debtor.

The petitioner, Ashrafali, was the decree holder in O.S.No.38/2014 for specific performance of contract. The trial Court decreed the suit directing th...