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2015 Supreme(SC) 89

ANIL R.DAVE, KURIAN JOSEPH
Mount Mary Enterprises – Appellant
Versus
Jivratna Medi Treat Pvt. Ltd. – Respondent


JUDGMENT

ANIL R. DAVE, J.

Leave granted.

1. The appellant, the original plaintiff has been aggrieved by the Judgment delivered in Writ Petition No.12099 of 2013 dated 10th March, 2014 by the High Court of Judicature at Bombay.

2. The facts giving rise to the present litigation in a nutshell are as under:

The appellant, who has been described as a plaintiff hereinafter, filed a suit against the present respondent, who has been hereinafter described as a defendant, for specific performance of a contract in relation to the suit property. The suit property was initially valued at Rs.13,50,000/- (Rupees Thirteen lacs and fifty thousand only). The plaintiff, thereafter, realized that market value of the property in question was around Rs.1,20,00,000/- (Rupees One Crore and Twenty lacs only) and therefore, filed an application for amending the plaint. The said application for amendment was rejected by the trial court and thereafter, the aforestated writ petition was filed by the plaintiff challenging the order rejecting the amendment application. The said petition has also been dismissed and therefore, the plaintiff has approached this Court and prayed that the impugned judgment confirming th
















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