Friday, November 2, 2012

Suit for specific performance

Suit for specific performance—Civil Procedure Code, 1908, Order 7 Rule 11(a) & 11(d), Order 7 Rule 6 and Forms 47 and 48 of Appendix A of the Code—Date of agreement not given in plaint—Held, failure to mention date violates the statutory requirement and if the date is one which attracts the bar of limitation, the plaint has to conform to Order VII Rule 6 and specifically plead the ground upon which exemption from limitation is claimed.

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