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SYED SAGHIR HUSSAIN versus MEHDI HASSAN


Section 12 Civil Procedure Code (v. 1908), O II, R 2 Exclude suit for specific performance of the contract and thereafter there is no restriction on the removal of the suit for specific performance of the suit for recovery of sincere money. Was. The second suit threshold for the subsequent case to recover the dues paid pursuant to the agreement will only begin to run from the date of the final judgment of the first case and the application of the O2, R2 CPC No, the cause of action for the suit is for recovery of the value paid under the contract, only when its specific, performance was denied because otherwise the specific performance and the claim for a refund Will be inconsistent and the claimant will not be obligated to claim relief unless specific performance is permitted.

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