Agreement to sell -- Specific performance - No conditional offer is permissible in a suit for specific performance...........
Agreement to sell -- Specific performance - Ready and willing - Discretionary relief of specific performance can be granted only in the event the plaintiff not only makes necessary pleadings but also establishes that he had all along been ready and willing to perform his part of contract which is not confined only to the stage of filing of the plaint but also at the..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope - Power of review is available in the event of discovery of new and important matter or evidence which despite exercise of due diligence was not within the knowledge of the applicant or could not be produced at the time when order was made - Review application is also maintainable when order is..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Not an appeal in disguise - Review court does not sit in appeal over its own order - A re-hearing of the matter is impermissible in law - It constitutes an exception to the general rule that once a judgment is signed or pronounced, it should not be altered - It is also trite that exercise of inherent..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Filing of an appeal is not an automatic stay of execution of decree - During pendency of appeal it is possible for the decree holder to get the decree executed - Execution of decree during pendency of appeal is subject to the restitution of property in the event the appeal is allowed and the decree is set aside...........
