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Case details
| Lead case reference on official PDF cover | CIVIL APPEAL NO.431 OF 2019 |
|---|---|
| Caption / parties as listed | Delwar Hossain Majhi alais Dulal Majhi and others. Vs. Al-haj Mokhlesur Rahman Bepari Son of late Master Tamijuddin Bepari and others. |
| Court | Supreme Court of Bangladesh — Appellate Division |
| Case reference year | 2019 |
| Court website upload date | 2022-09-01 |
| Original index reference | Civil Appeal /2019 |
Additional reference in the official index
(From the judgment and order dated 10.08.2016 passed by the High Court Division in Civil Revision No.624 of 2004)
Court index description
In a suit for specific performance, it is incumbent upon the plaintiff to prove the existence of a concluded contract between the parties and that the plaintiff is ready and willing at all material dates to perform its part of the contract. The plaintiff has failed to prove the same. From the date of deed of agreement, exhibit-‘A’, and the date of refusal as stipulated in the averments of the plaint it is evident that the suit is barred by limitation under Article 113 of the Limitation Act.
The date above is the court website’s upload date. Read the official document for the full decision.