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Umrao Singh & Anr. vs. Gajanand & Ors.

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Specific Relief Act, 1963–Sec. 12–Contract Act, 1872–Sec. 12–Plea of defendants that there was novation of agreement–Therefore, they were not bound to abide the earlier agreement–Original agreement was mentioned in subsequent agreement–Property to be sold and the consideration also remained same–There is no being any alteration or rescission of the earlier contract–Held, principle of novation will not apply.