https://www.taxtmi.com/caselaws?id=194500 In assessing rejection of a plaint under Order 7 Rule 11 CPC, only the plaint averments are material and they must be accepted at face value without a detailed inquiry into disputed facts or law. On that footing, pleadings alleging execution of a memorandum of understanding, payment and acceptance of earnest money, extension of time, demands for performance, and readiness and willingness to perform disclosed a triable cause of action. The memorandum was said to contain the essential terms of the bargain, including the property, consideration and payment mode, and the conduct of the parties supported a concluded arrangement capable of specific performance. Rejection of the plaint was therefore treated as unwarranted. en-us Mon, 16 Apr 2012 00:00:00 +0530 Mon, 11 Sep 2017 17:40:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194500 In assessing rejection of a plaint under Order 7 Rule 11 CPC, only the plaint averments are material and they must be accepted at face value without a detailed inquiry into disputed facts or law. On that footing, pleadings alleging execution of a memorandum of understanding, payment and acceptance of earnest money, extension of time, demands for performance, and readiness and willingness to perform disclosed a triable cause of action. The memorandum was said to contain the essential terms of the bargain, including the property, consideration and payment mode, and the conduct of the parties supported a concluded arrangement capable of specific performance. Rejection of the plaint was therefore treated as unwarranted. Case-Laws Indian Laws Mon, 16 Apr 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194500