Maratha Mandir Ltd. vs Official Liquidator, Golcha ... on 11 February, 1972
In this connection we may refer to the decision of a Division Bench of the Bombay High Court in Maneklal v. Saraspur Manufacturing Co. Ltd. AIR 1927 Bom. 167. Leave was sought to continue a pending suit in which two claims were put forward namely (1) to obtain specific performance of an agreement to that mortgage by sale and (2) to enforce a money demand involving a money decree. It was found that the claim with regard to specific performance of the agreement to mortgage was bound to fail. Leave was refused to continue the suit with regard to this claim. Leave was granted to continue the suit with regard to the money claim. Marten C.J. with whom Kemp J. agreed passed the following order: