Kalipada Basu And Ors. vs Fort Gloster Jute Manufacturing Co. ... on 15 July, 1926
The former of these two decisions is that of a learned Judge sitting singly and the exceptional circumstances of the latter case have been pointed out in the case of Pitambar Gain v. Ram Charan Moral , and it has been explained in this case how that decision does not lay down any exception to the limitation as regards the applicability of the doctrine in cases only where specifie performance can be obtained. The preponderance of authority therefore is in favour of the limited applicability of the doctrine.