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VIVEK CHAUDHARY
Ram Ratti – Appellant
Versus
Gorakh Pd. Dubey – Respondent
JUDGMENT :
1. Heard counsels for the parties and perused the record with their assistance.
2. The appellants have approached this Court challenging the judgment and decree dated 04.07.1981 passed by the I Additional District Judge, Gorakhpur in Civil Appeal No. 28 of 1980 and Civil Appeal No. 29 of 1980.
3. Both the appeals arise from a suit for specific performance of a contract for sale bearing Suit No. 62 of 1973, filed by the respondent in this second appeal. The suit was partly decreed and aggrieved by the findings of the Trial Court, both parties filed their separate appeals before the First Appellate Court. First Appellate Court set aside Trial Court’s Judgment and decreed the suit in favour of the plaintiff-respondent. Against the First Appellate Court’s judgment, the defendants in the original suit have filed this second appeal.
4. Learned counsel for the appellants submits that there are two substantial questions of law involved in the present second appeal, viz.,
(ii) whether the appellate court has wrongly inferred readiness and willingness on the part of plaintiff-respondents to perform his part
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Point of law: plaintiff cannot take a stand that merely for want of objection in the written statement which is hardly any effect or consequence, without the plaintiff prove his case by letting evide....
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