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In a suit for specific performance of an Agreement of Sale of immovable property the defendant along…

A claim for specific performance of a sale agreement concerns contractual rights between the parties and can be arbitrated. The arbitration request is timely when filed with…

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In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statement files an application under Section 8 of the Arbitration & Conciliation Act for referring the parties to arbitration in accordance with arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject matter of suit is subject matter of such arbitration clause. The Court shall:

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A claim for specific performance of a sale agreement concerns contractual rights between the parties and can be arbitrated. The arbitration request is timely when filed with the written statement. Since the applicable arbitration clause is admitted, the court should refer the parties to arbitration.

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