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KARNATAKA HIGH COURT
MR. SACHIN SHANKAR MAGADUM, MR. G BASAVARAJA, JJ
SHRI. VINEET S/O. VASANTRAO JOSHI – Appellant
Versus
MR.TAUFIQ AHMED S/O. RAFIQ AHMED INAMDAR – Respondent
| Table of Content |
|---|
| 1. consolidation of appeals. (Para 1 , 2) |
| 2. allegations of fraud in contract non-compliance. (Para 3 , 12) |
| 3. claims on failure to fulfill contractual obligations. (Para 4 , 5 , 10) |
| 4. court's refusal to summarily dismiss the claim. (Para 6 , 14 , 16) |
| 5. rationale for rejection of plaint. (Para 7 , 8 , 11) |
| 6. conclusion on appeal outcomes. (Para 15 , 18) |
ORAL JUDGMENT
These two appeals are taken up together as both the appeals arise out of the order passed in O.S.No.226/2012.
3. Facts leading to the case are as under:
4. On receipt of summons, defendants No.1 and 2 have filed an application in I.A.No.XII under Order VII Rule 11(d) of Code of Civil Procedure (hereinafter referred to as ‘CPC’ for brevity) to reject the plaint as barred by law. Defendants No.1 and 2 have contended that plaintiff having completed the transaction, is not entitled to seek cancellation of sale deed and therefore, the present suit is not maintainable.
6. Heard the learned counsels appearing for the plaintiff and defendants. Perused the records.
8. The following points would arise for consideration:
ii) What order?
9. Before we delve into the case, it would be useful for this Court to cull out the relev
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