Hon'ble S.J. Justice Suresh Bansal dismissed a writ petition challenging the substantive order of the trial court not framing an independent specific issue for the plaintiffs' alternative prayer to refund advance amount with interest upon failure of specific performance.
Petition dismissed; without interfering with the impugned order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:34767]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13016/2024
----Petitioners
Versus
Nanda Son Of Nathu, Resident Of Gram Neemeda Tehsil Phagi District Jaipur Raj.
----Respondent
| For Petitioner(s) | : Mr. Hemant Sharma |
|---|---|
| For Respondent(s) | : |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
16/08/2024
[2024:RJ-JP:34767]
[CW-13016/2024]
(2 of 2)
(SUDESH BANSAL),J
NITIN /22
3 issues framed by the court
Whether a separate specific issue needs to be framed for the alternative prayer of refund of advance amount with interest in a specific performance suit.
Whether the trial court erred in not framing an independent issue for the alternative prayer of refunding sale consideration.
Whether there is jurisdic tional error or illegality in declining the alternative prayer that requires interference.
Nanga Son Of Shrayan
Bhanwar Meena Son Of Shravan
Nanda Son Of Nathu
Sudes Bansal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
