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Sunita vs. Dr. Subhashchandra Ranka & Ors.

52.00 5.20

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Code of Civil Procedure, 1908–Order 37 & Order 7, Rule 11, Income-Tax Act, 1961–Secs. 269 GST–Contract Act, 1872–Sec. 10–Prayer to reject the plaint on the ground that it has been stated in the plaint that the advance payment of more than Rs. 2,00,000/- was paid in cash which was against the directions issued by the Supreme Court–Dismissal of the application–Suit for recovery of money–Such a direction does not render the suit itself non-maintainable–A suit can not be dismissed merely on the ground of alleged non-compliance with the said direction if it otherwise discloses a cause of action–Further, Sec. 10 of Contract Act nowhere mandates attestation of the agreement by any specific number of witnesses–Held, application was rightly dismissed.