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Moreshar Yadaorao Mahajan vs Vyankatesh Sitaram Bhedi(D) Tr.Lrs. on 27 September, 2022

In the case of Moreshwar Mahajan (supra) the Hon'ble Apex Court considered the scope of order I Rule 10 of the CPC in a suit for specific performance. In the facts of that case the Hon'ble Apex Court directed to refund earnest amount in suits for specific performance. It was held that necessary party is a person who ought to have been joined as a party and in whose absence no ::: Uploaded on - 10/11/2023 ::: Downloaded on - 25/02/2024 04:42:54 ::: 12 sa764.04 order effective decree could be passed at all by the Court. In this case this Court finds that the plaintiff No. 2 was added as defendant No. 2 initially and this is not a case of non joinder of party. Thus, this case law is also not applicable to the facts of this case.
Supreme Court of India Cites 2 - Cited by 38 - B R Gavai - Full Document
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