Prayer

armaan kapoor (Querist) 24 October 2013 This query is : Resolved
hi,
i hav filed a suit for specific performance in the high court.it is a case of part performance, wherin we are in posession. at the time of ad- interim relief my advocate pressed for early hearing of the notice of motion which was granted now my advocate is saying that our notice of motion prayer it does not bear the word "by due process of law" hence we would not get an injunction against dispossession, creating third party rights, disposing and obstructing peaceful possession.

experts pls guide me as it is the matter of my roof and every advocate is giving me a different advice.

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Devajyoti Barman (Expert) 24 October 2013
The missing of those words have no bearing on the merit of the case.
Ask your advocate to go ahead.
In any case he can later amend those words.

armaan kapoor (Querist) 24 October 2013
Thank you very much sir

Devajyoti Barman (Expert) 24 October 2013
you are welcome.

V R SHROFF (Expert) 24 October 2013
u may amend it .
Court have ample power , to order , to meet the end of justice sec 151 cpc allow it, even if your adv had not mentioned those words.