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Subhash Chandra vs. Basant & Anr.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Rejection of application–Suit for specific performance of sale–No written agreement of contract–No reason was assigned in the application for not executing the written agreement–Two persons were alleged to be witnesses of transaction but neither their details nor their affidavits were filed with the application–Prima facie case of plaintiff is not believable–Held, no interference is warranted in the impugned order.