Showing : 31-40 of 347 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Readiness and willingness - Pleading and proof - Not even a remote suggestion in plaint averments that plaintiff had performed or has always been ready and willing to perform his part of the contract - Testimony of plaintiff lacking in material assertions of readiness and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 22, Rule 4-- Death of defendant - Substitution of LRs - Suit for specific performance - If out of all the LRs, majority of them are already on record and they contested the case on merits, it is not necessary to bring other LRs on record - Reason is that estate and interest of deceased devolve on LR is..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by limitation - Suit for specific performance - From a reading of averments in plaint, it cannot be said that suit is barred by limitation - Issue as to when plaintiff had noticed refusal is an issue which can be adjudicated after trial - Application dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Necessary and proper party - Question of mistaken identity cannot be gone into in a suit for specific performance - Parties in question neither necessary nor proper party to lis, as plaintiff does not claim anything against them -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Attestors and scribe of agreement not examined - No explanation given for the same - Even, agreements are unregistered - Defendants denied signatures on agreement - No attempt made by plaintiff to confront defendants and discharge burden by examining any handwriting expert -..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Plaintiffs put into possession of entire land in pursuance of agreement to sell - Decree passed in favour of plaintiff in 1987 regarding possession in an independent suit is indicative of fact that plaintiffs were in possession - Since plaintiffs are in possession of suit..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Sale agreement executed with defendant No.1 - Land belonging to defendant No.2, in whose favour land is mutated on basis of Will - In revenue suit filed by defendant No.2 against defendant No.1 said Will was produced and property was found to be in possession of defendant..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiff did not have necessary funds available with him to pay balance consideration - Low income and low bank balance of plaintiff indicated his incapacity to make balance payments - Even otherwise, no material on record to show that plaintiff..........

Showing : 31-40 of 347 Results