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2017 (2) TMI 1338 - HC - Indian LawsDecree for specific performance of contract - Case of petitioner is that the application (Exhibit No.22) filed by him under Order VI Rule 17 of the Code of Civil Procedure be decided before the application (Exhibit No.18) filed by the defendant is considered - Held that: - the learned trial Judge has committed an error in rejecting the application (Exhibit No.27) and refusing to consider the application (Exhibit No.22) before considering the application (Exhibit No.18) - the provisions of Order VII Rule 13 of the Code of Civil Procedure lay down that if the plaint is rejected under Order VII Rule 11 of the Code of Civil Procedure, then the plaintiff is not precluded from presenting a fresh plaint in respect of the same cause of action. The learned trial Judge has not only committed patent illegality but has failed to exercise the jurisdiction vested in him by refusing to consider the application (Exhibit No.22) before considering the application (Exhibit No.18) - application allowed.
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