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Indian Laws - Highlights / Catch Notes

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Prayer for specific performance of Clause 12 of the Sale Deed - ...


High Court to Dismiss Petitions with Delay, Negligence in Sale Deed Cases; No New Cause of Action Allowed.

March 8, 2022

Case Laws     Indian Laws     SC

Prayer for specific performance of Clause 12 of the Sale Deed - If it is found that the writ petitioner is guilty of delay and latches, the High Court should dismiss it at the threshold and ought not to dispose of the writ petition by relegating the writ petitioner to file a representation and/or directing the authority to decide the representation, once it is found that the original writ petitioner is guilty of delay and latches. Such order shall not give an opportunity to the petitioner to thereafter contend that rejection of the representation subsequently has given a fresh cause of action. - SC

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