Code of Civil Procedure, 1908–Order 7, Rule 11–Specific Relief Act, 1963–Sec. 41(h)–Rejection of application–Plea of petitioner that the clause in the agreement that the sale deed, if any, was to be executed only after the loan on the property being re-paid–Such ground was not raised before the Trial Court–Further, the ground that the document is fraudulent–No finding can be given qua this point in the application under Order 7, Rule 11–Primary relief is for specific performance and it is not barred under any law–Held, application was rightly rejected.
