ORDER SHEET
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ORDER WITH SIGNATURE OF JUDGE
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1. For hearing of CMA No.4009/2007
2. For issues
29.5.2007.
Mr. Saalim Salam Ansari, Advocate for Plaintiff
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1. Application under Order XII Rule 6 CPC moved by plaintiff not pressed is hereby dismissed.
2. Issue settled by Court.
1. Whether the suit as framed and filed is maintainable in law?
2. Whether clause (2) of the Sale Agreement shall be read in isolation or be read in consonance with clause (3), (4), (5) and (6) of the contract?
3. Whether in pursuance of the report dated 19.4.2006 defendant No.1 had agreed to execute the Sale Deed in favour of the plaintiff within two months of the report referred above failing which earnest money was required to be returned to the plaintiff by defendant No.1.
4. Whether defendant No.1 did not execute the Sale Agreement by virtue of letter dated 6.4.2006 and returned the token money whereby defendant No.1 had failed to perform his part of contract?
4. Whether the plaintiff is entitled for specific performance of the contract?
5. Whether the plaintiff is entitled to the damages claimed?
6. What should the decree be?
Parties are directed to file list of witnesses within two weeks, documents within one month hereof. Commissioner if any be notified on the next date of hearing.
JUDGE