Patna High Court - Orders
Dhira Mishra @ Dhira Devi & Ors vs Md. Laique Ahmad & Ors on 19 May, 2017
Author: V. Nath
Bench: V. Nath
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.171 of 2015
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Dhira Mishra @ Dhira Devi & Ors
.... .... Appellant/s
Versus
Md. Laique Ahmad & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Dhanendra Chaubey
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE V. NATH
ORAL ORDER
6 19-05-2017Heard Mr.Dhanendra Chaubey, learned counsel appearing for the appellants.
This appeal will be heard.
Admit.
The substantial question of law arises for consideration in this appeal is as to whether before granting the decree for specific performance of contract for sale of the land, the court below was enjoined to frame an issue and record a finding on the question of readiness and willingness of the plaintiff to perform his part of the contract in view of the decision of the apex court in the case of J.P.Builders Vs. A.Ramdas Rao, (2011)1 SCC 429 laying down that even if such plea was not raised still the court before granting the decree was required to record a finding?
Call for the lower court records.
Issue notice to the respondent for which the Patna High Court SA No.171 of 2015 (6) dt.19-05-2017 2 appellants must file requisites both under registered cover with A/D as well as ordinary process one week after summer vacation, failing which the memo of appeal as against them shall stand dismissed without further reference to a Bench.
(V. Nath, J) Nitesh/-
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