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KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - At the time of filing suit for permanent injunction, plaintiff knew that defendant has refused to honour agreement to sell and inspite of accrual of cause of action for filing suit for specific performance plaintiff did not include the relief of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Suspicion regarding date of execution of agreement to sell - Plaintiff filed suit with incorrect assertions that possession was delivered - More so, plaintiff in his earlier suit for injunction knew that property transferred as per compromise decree under the ownership of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Forfeiture of earnest money - Once readiness and willingness not proved, earnest money is deemed to have been forfeited - Court cannot even order refund of amount in a simplicitor suit for recovery - Plaintiffs were aware of this fact and intentionally chose not to seek specific performance of..........
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 -..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - Applicants seeking impleadment as defendants, while alleging that they are co-sharers - They are seeking to set up title adverse to claim of vendor/defendant - Dispute of title inter se between defendant and applicants is outside the scope..........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 104, Order 43, Rule 1, Delhi High Court Act, 1996, Section 10(1)-- Appeal - Right to file list of witnesses as well as evidence by way of affidavits - Maintainability - Suit for specific performance - An appeal shall lie only against the order of single judge which are mentioned in S.104 r/w O.43.R.1 of CPC - Order under challenge do not amount to judgment..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Suit for specific performance - Issue of readiness and willingness is dependent upon evidence on record and same cannot be a pure question of law...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Substantial question of law - Suit for specific performance - Whether time essence of contract, is an important question of law, as to decide upon question whether obligations undertaken by parties under contract are to be performed...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Readiness and willingness - There is clear demand by plaintiff for specific performance of agreement for sale and suit was preceded by a notice of such demand - Plaintiff in plaint categorically stated that she is ready and willing to perform her part of obligation under..........

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