Supreme Court of India
S. Kesari Hanuman Goud v. Anjum Jehan & Ors.
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From the headnote
CODE OF CIVIL PROCEDURE, 1908: s.96 read with 0. 41, r.31- First appeal before High Court challenging the judgment and decree passed in a suit for specific performance of agreement to sell - High Court holding that the plaintiff was not ready and willing to perform his part 0 of contract - Held: Finding recorded by High Court on this issue is perverse being contrary to evidence on record - Further, High Court while deciding the first appeal u/s 96, did not consider all the issues as is required under 0. 41, r.31 - Judgment and decree passed by High Court set aside and that passed by trial
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