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Devidas Jaywantrao Deshmukh Died Lrs ... vs Bhagwat Vishwanath Gheware And Anr on 9 November, 2023
cites
Section 100 in The Indian Evidence Act, 1872 [Entire Act]
The Specific Relief Act, 1963
Section 54 in The Transfer Of Property Act, 1882 [Entire Act]
Jayshri Rameshchandra Bhore vs Arvind Narayanrao Tarekar And Others on 21 January, 2022
Rameshchandra Bhore v. Arvind s/o Narayanrao
Tarekar & Anr.
Surendra Pal & Ors vs Saraswati Arora & Anr on 9 August, 1974
5) AIR 2022 SC 4601 - Chandrabhan (Deceased)
through Lrs. And others v. Saraswati and othrs.
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.
Santosh Hazari vs Purushottam Tiwari (Dead) By Lrs on 8 February, 2001
In case of Santosh Hazari (supra) the Hon'ble Apex
Court held that improper finding of the first appellate Court may
give rise to substantial question of law. The judgment of the first
appellate Court must display conscious application of mind and
record finding supported by reasons on all issues and contentions.
Narinder Kaur And Ors. vs Nagina Singh And Ors. on 19 August, 2002
In another case reported in (2003) 1 RCR 133 - Narinder
Kaur and Ors. Vs. Nagina Singh and Ors., wherein again it is held
that the suit at the instance of any one is maintainable.
Jaswant Singh And Ors. vs Mukhtiar Singh And Anr. on 4 May, 2007
Jaswant Singh And Ors. Vs. Mukhtiar Singh And Anr. It is held
that the suit for specific performance of contract can be filed if
there are more parties than one.
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