Agreement to sell -- Specific performance - Readiness and willingness has to be determined from entirety of facts and circumstance relevant to intention and conduct of party...........
Agreement to sell -- Specific performance - Execution of sale deed in favour of subsequent purchaser - Plaintiff is not required to seek cancellation or declaration of sale deed in favour of third party - If suit for specific performance is decreed then original vendor and third party purchaser/subsequent purchaser is required to join and execute sale deed in favour of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment in a suit for specific performance - Subsequent purchaser with notice of the previous agreement - He is a necessary party - To avoid multiplicity of proceedings and effectually adjudicate the matter in issue, he should be impleaded as a defendant...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of appeal - Non-substitution of LRs of defendant no.1 - Suit for specific performance - Defendant No.1 died during pendency of appeal - LRs of defendant No.1 were necessary party in appeal and in absence of same, appeal preferred by plaintiff abated - Appeal abates...........
Specific Relief Act, 1963, Section 54, Limitation Act, 1963, Section 21 -- Substitution or addition of new defendant - Suit for specific performance - Transferee to whom subject matter of sale agreement or part thereof is transferred is a necessary party to suit for specific performance - However, by the time vendee filed an application to implead transferee, suit for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Stranger to agreement making a claim adverse to title of defendant by claiming right of co-sharership in suit property cannot be termed to be necessary party, nor proper party for adjudication of case on merits...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Amendment of plaint sought to assail such sale and its cancellation - Subsequent vendee was impleaded as a party with specific stipulation that it was being impleaded as assignee of defendant and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Where third party shows fair semblance of title or interest in suit property, he can be impleaded in the suit, as fate of suit would directly affect right of third party - Application allowed...........
Civil Procedure Code, 1908, Section 35 -- Costs - Suit for specific performance - Suit was filed in the year 2006 but at that time co-sharers of defendants were not made party to suit - They were made party in 2007 - Agreement to sell suggest that plaintiff shall pay an amount of Rs.35 lakhs to defendants who in turn purchased property from co-sharers or obtain consent..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner claimed title to property in question - He is thus, a necessary party to suit - Application rightly allowed...........
