High Court of Judicature at Allahabad
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Jai Prakash & Another v. Mohar Singh Dead After Him; Mahendra Singh Chauna & Others - SECOND APPEAL No. 645 of 2006  RD-AH 12471 (28 July 2006)
Hon'ble Umeshwar Pandey, J.
Heard Sri A.N. Bhargava, learned counsel appearing for the appellants and Sri O.P. Tripathi, appearing for the respondent Nos. 3/1 to 3/5.
The appeal be admitted for decision on the following substantial question of law:
1. Whether the appellate court by its impugned judgment while rejecting the prayer for specific performance of contract, was legally bound to at least pass a decree for alternative relief prayed by the appellants-plaintiffs for the refund of earnest money along with interest etc.?
No other substantial question of law for decision arises in this appeal.
Issue notice to the respondent Nos. 1/1 to 1/5 and 2 returnable within six weeks.
List thereafter on the date fixed in the notice.
Office will also requisition the original record meanwhile from the court below. Steps for notice be taken by the appellants within a week.
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