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Dinesh Jain & Anr. vs. Jitendra Pandya & Ors.

38.00 3.80

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Code of Civil Procedure, 1908–Order 7, Rule 11–Specific Relief Act, 1963–Sec. 34–Rejection of application–Appreciation of–Averments contained in plaint, by itself cannot be read as conceding the possession of suit property in favour of the defendant though attempt on part of the defendant in seeking to take possession have been made in the plaint–Held, plaint cannot be rejected on the basis of Proviso to Sec. 34.