https://www.taxtmi.com/caselaws?id=287788 Order XXIII Rule 1 CPC did not bar a second suit instituted before the earlier suit was withdrawn, and permission to file afresh could be inferred from the withdrawal application, the order, and the parties' conduct. The objection to maintainability therefore failed. The agreement of sale was also held too vague for specific performance because, read as a whole, it did not sufficiently identify the property: no plan was proved, boundaries alone did not make the subject matter certain, and the surrounding circumstances did not cure the uncertainty. The High Court's reversal of the trial court was sustained on both maintainability and merits. en-us Tue, 05 Feb 2008 00:00:00 +0530 Fri, 05 Apr 2024 10:01:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=287788 Order XXIII Rule 1 CPC did not bar a second suit instituted before the earlier suit was withdrawn, and permission to file afresh could be inferred from the withdrawal application, the order, and the parties' conduct. The objection to maintainability therefore failed. The agreement of sale was also held too vague for specific performance because, read as a whole, it did not sufficiently identify the property: no plan was proved, boundaries alone did not make the subject matter certain, and the surrounding circumstances did not cure the uncertainty. The High Court's reversal of the trial court was sustained on both maintainability and merits. Case-Laws Indian Laws Tue, 05 Feb 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=287788