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High Court of Gujarat Dismisses Revision Against Rejection of Plaint Rejection Application in Specific Performance Suit. Court holds that the plaint discloses a cause of action and the suit is not barred by limitation under Article 54 of the Limitation Act, 1963.

The case involves a civil revision application filed by the defendant No.4 (appellant) challenging an order dated 06.05.2023 passed by the 2nd Additio...

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High Court of Gujarat Dismisses Review Application in Property Suit — No Error Apparent on Record. Review under Section 114 CPC read with Order XLVII Rule 1 CPC is not an appeal; mere disagreement with findings does not warrant review.

The present application was filed by the heirs of deceased Mahendrabhai Lallubhai Patel and others (original petitioners/defendants) under Section 114...

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Bombay High Court Dismisses Indian Oil Corporation's Revision Against Decree for Damages for Illegal Termination of Dealership. Court Upholds Concurrent Findings on Breach of Contract and Unjust Enrichment Under Section 115 CPC.

The case involves two civil revision applications filed by Indian Oil Corporation Ltd. (the applicant) against a common judgment and decree passed by ...

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Bombay High Court Dismisses Appeal in Specific Performance Suit — Agreement to Sell Not Proved and Suit Barred by Limitation. Plaintiff failed to prove execution of agreement and suit was filed beyond three years from notice of refusal under Article 54 of Limitation Act, 1963.

The appellant, Sandeep Kashinath Parab, filed a suit for specific performance of an agreement to sell dated 15/06/1998 allegedly executed by the respo...

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Bombay High Court Allows Second Appeal in Specific Performance Suit — Holds That Payments Made to Authorized Representatives of Partnership Firm Are Valid Under Contract Act. Burden of Proof Shifts to Defendants When Plaintiff Proves Payment to Persons Held Out as Authorized in Brochure.

The case involves a second appeal filed by the original plaintiff, Mr. Sharad Prabhudas, against the judgment of the First Appellate Court which rever...

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Bombay High Court Allows Appeals in Specific Performance Suit — Agreement of Sale Not Proved Due to Absence of Attesting Witness and Discrepancies in Evidence. Plaintiffs Failed to Prove Execution of Agreement and Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963.

The case involves two first appeals arising from suits for specific performance of agreements of sale dated 11.4.2002. The respondents (plaintiffs) cl...