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Padmavati Art & Creation (P) Ltd. vs. Bhagwati Prasad Bang & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 7, Rule 11–Rejection of the app-lication–Appreciation of–Suit for specific performance of a compromise ag-reement and permanent injunction–Issue of cause of action–Determination–Whether such an agreement was in fact executed, whether R was authorized to act on behalf of the petitioner-company, or whether the alleged transaction is enforceable in law, all are matters that go to the roots of the merits of the dispute and can be adjudicated only after framing of issues and recording of evidence–These assertions cannot be examined at the threshold while considering an application under Order 7, Rule 11–Held application was rightly rejected.