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Sohanraj Ranka th. LR’s. vs. Udaram & Ors.

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Code of Civil Procedure, 1908–Order 6, Rule 17 r/w. Sec. 151–Limitation Act, 1963–Art. 54–During the pendency of the suit for cancellation of sale deed, petitioner sought to amend the pleadings up to the extent of adding the relief of specific performance–Rejection of application–Justification–Suit for cancellation of sale deed was filed within the prescribed limitation of three years–Therefore, it can be safely presumed that the prayer for specific performance was not barred by the limitation–Held, the application was erroneously rejected.