Trial court that though
the suit is title for suit for Specific Performance but it is only a suit for
RCA17/07 Page ... finding on issue No. 5 and 1, the suit simplicitor
for Specific Performance is not maintainable without asking for relief of
possession and without paying
filing of suit for grant of permanent injunction simplicitor without
claiming relief for specific performance which was available at that time and
thereafter filing
suit for permanent injunction can continue
when the relief of Specific Performance of the contract under the
agreement dated 14.05.08 can be obtained ... filing the suit for specific
performance of agreement dated 14.05.08. The suit for permanent
injunction simplicitor is not maintainable. I have drawn support from
Satish
present suit is not a suit for possession or specific
performance. It is a simplicitor suit of recovery of amount allegedly paid by the
plaintiff
that the
plaintiffs should have filed a suit for specific performance of agreement and
Simplicitor suit of injunction is not maintainable. Present suit is barred
plaintiff was to file a suit for specific performance of contract
and not for injunction simplicitor and instead of dismissing the suit, the Court gave ... filed to amend the plaint and to seek the relief of
specific performance of contract but if the application is allowed, this Court shall
incorporation of the
"prayer for the relief of the specific performance of the
_ cagreement/memorandum of understanding, dated 25.3.2005 in
- respect of schedule property ... further submits that the suit for iu action
and suit for specific performance of the agreement are founded
on the two different causes of action
order of
termination of the service was not an order of discharge
simplicitor but was stigmatic. In para 16 of the pronouncement,
the Supreme Court ... observed that if the satisfaction of the
employer rested on the unsatisfactory performance on the part
of the appellant, the matter may have been different
2009 (F/N).
11. This is an order simplicitor prematurely repatriating the Applicant before the completion of her deputation. She having been deputed ... repatriation order are stigmatic in nature, or simplicitor in nature with reference to her unsatisfactory performance, unsuitability for the job and ineffectiveness of the Applicant
simplicitor for
prohibitory injunction is barred by Section 41(h) of the
Specific Relief Act, since plaintiff has failed to file suit for
specific performance
