Supreme Court · 2007 INSC 576 · Decided 15 May 2007

Hardesh Ores PVT. LTD. v. M/S Hede & CO.

Court
Supreme Court of India
Citation
2007 INSC 576 · [2007] 6 S.C.R. 608
Case number
CIVIL APPEAL No. 2517/2007
Decided
15 May 2007
Bench
B.P. SINGH, H.S. BEDI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Limitation Act Section 54, 58, 113; Registration Act

Headnote

Code of Civil Procedure, 1908: Order II Rule 2; Order VII Rule 11 (d)­ limitation Act, I 963 : Articles 54, 58 & I/ 3-Agreements entered into by C Jessee with lessor for extraction of ore during lease period-Exercise of option of renewal of lease by the Jessee was rejected by the work of extraction by asserting its exclusive right under the renewed agreement-Lessor filing an application before the trial court contending that the suit is for specific performance of the lease which D is barred by limitation-Trial Court allowed the application and dismissed the suit-High

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