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Head Note

The Code of Civil Procedure, 1908  - Order XLI Rule (31)

Specific Performance - Efflux of time and escalation of price of the property by itself cannot be a valid ground to deny the relief of specific performance - But the Court in its discretion may impose reasonable conditions including payment of additional amount to the vendor. It is equally well settled that the plaintiff is not to be denied specific performance only on account of phenomenal increase of price during the pendency of litigation.

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