root
of the case, it would not be appropriate to exercise
discretion under Order 12 Rule 6 CPC . Para 8 of the
judgment read ... root of the case, it
would not be appropriate to exercise the discretion
under Order 12 Rule 6 CPC . The said rule is an
enabling
following are cases in which the Court may
properly exercise discretion not to decree specific
performance-
(a) where the terms of the contract ... statute on the exercise of the discretion are that the
discretion must not be exercised arbitrarily but
soundly and reasonably and guided by judicial
principles
performance is in
the discretion of the Court but the
discretion should not be used
arbitrarily; the discretion should be
exercised on sound principles ... performance is in the
discretion of the Court but the discretion
should not be used arbitrarily; the discretion
should be exercised on sound principles
delay has sufficiently been explained or not. The manner of exercising discretion in matters relating to condonation of delay is fairly well settled ... matter of discretion of the court. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay
root
of the case, it would not be appropriate to exercise
discretion under Order 12 Rule 6 CPC . Para 8 of the
judgment read ... root of the case, it
would not be appropriate to exercise the discretion
under Order 12 Rule 6 CPC . The said rule is an
enabling
performance is in
the discretion of the Court but the
discretion should not be used
arbitrarily; the discretion should be
exercised on sound principles ... performance is in the discretion of the
Court but the discretion should not be used
arbitrarily; the discretion should be exercised on
sound principles
Court
makes prima facie adjudication of issues on merits or merely exercises
discretion while deciding the application for temporary injunction and
(ii) the scope ... Appellate Court while deciding an
appeal, has to examine whether the discretion exercised is not arbitrary,
capricious or contrary to the principles
Court
makes prima facie adjudication of issues on merits or merely exercises
discretion while deciding the application for temporary injunction and
(ii) the scope ... Appellate Court while deciding an
appeal, has to examine whether the discretion exercised is not arbitrary,
capricious or contrary to the principles
Court
makes prima facie adjudication of issues on merits or merely exercises
discretion while deciding the application for temporary injunction and
(ii) the scope ... Appellate Court while deciding an
appeal, has to examine whether the discretion exercised is not arbitrary,
capricious or contrary to the principles
Court
makes prima facie adjudication of issues on merits or merely exercises
discretion while deciding the application for temporary injunction and
(ii) the scope ... Appellate Court while deciding an
appeal, has to examine whether the discretion exercised is not arbitrary,
capricious or contrary to the principles
