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Results of necessary party in specific performance

Showing : 61-70 of 345 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Expartee decree - Suit for specific performance - Mere fact that purchaser has purchased land in question from decree holder on basis of sale deed executed in his favour subsequent to sale deed executed in favour of decree holder through process of Court..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Transfer of Property Act, 1882, Section 3 -- Constructive notice - Suit for specific performance - Plaintiff need not take notice of any possession other than a person in possession under a registered instrument, which could constitute a constructive notice - Any transaction which is not brought under Book-I of Registration Act cannot evoke any constructive notice -..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Doctrine of dominus litis - Plaintiff is dominus litis - Applicants cannot force plaintiff to litigate against them - Application dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Suit for specific performance - Witness to the agreement is neither a necessary party nor a property party to the suit for specific performance...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 58, 102 -- Execution - Registered sale deed - Specific performance, decreed - Objection to execution raised by purchaser pendente lite - Maintainability - Even though purchaser was not party to suit, but by virtue of provisions of S.52 of TPA, 1882 he is bound by decree passed by trial Court - Thus, a purchaser of suit property..........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be affected by present suit - Hence,..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party as co-defendant - Suit for specific performance - Applicants claiming right and interest in suit property and they were able to show requisite "semblance of title and interest" necessary for impleadment - Order allowing impleadment, upheld...........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Possibility of multiplicity of proceedings by no, impleadment of a third party in a suit for specific performance and existence of a "semblance of title" in the party seeking impleadment are the guiding criterion for permitting application for such impleadment...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Transferee pendente lite - Suit for specific performance - Transferee pendente lite is a necessary and proper party - Application rightly allowed...........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Agreement to sell -- Specific performance - It is an equitable relief - Party claiming such relief shall approach Court with clean hands and establish his case without depending on weakness of other side...........

Showing : 61-70 of 345 Results