Supreme Court · 2012 INSC 264 · Decided 3 July 2012
The Church of Christ Charitable Trust & Educational Charitable Society, Represented BY Its Chairman v. M/S Ponniamman Educational Trust Represented BY Its CHAIRPERSON/ Managing Trustee
- Court
- Supreme Court of India
- Citation
- 2012 INSC 264 · [2012] 6 S.C.R. 404
- Case number
- CIVIL APPEAL No. 4841/2012
- Decided
- 3 July 2012
- Bench
- P. SATHASIVAM, JASTI CHELAMESWAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Specific Relief Act
Headnote
CODE OF CIVIL PROCEDURE, 1908: 0. 7, r.1 read with rr. 14(1), 14(2) and Forms 47 and 48 D in Appendix A - Suit for specific performance - Agreement of sale between plaintiff - Plaint stating that second defendant as power of attorney-holder as also agreement holder of first defendant executed agreement of sale - Application for rejection of plaint as against first E defendant - Held: The plaintiff-respondent to get a decree for specific performance has to prove
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