Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plaintiff wanted to execute oral agreement to sell - Suit was time barred - Plaintiff instead of filing suit for specific performance regarding so called oral agreement had simply filed suit for injunction which is not maintainable - Suit dismissed...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time limit is fixed to perform part of contract by 12.12.1979 - However, no notice issued by plaintiff to defendant by expressing his readiness and willingness on or before 12.12.1979 - Admittedly, notice issued on 18.10.1982 - No evidence that defendant received said notice whatsoever..........
Limitation Act, 1963, Article 54 -- Limitation - Specific performance - Notice was issued in the year 1996 calling upon defendant to execute necessary deeds of sale - No such deed of sale has been executed by defendant and consequently, said inaction would have to be treated as a refusal - Limitation would have to be calculated as having commenced from the year 1996 and..........
Agreement to sell -- Specific performance - Limitation - Time was not essence of contract - Plaintiff filed a suit for permanent injunction against defendant on 15-7-1991 restraining defendant from dealing with suit property - Three years limitation period to file a suit for specific performance commenced when plaintiff filed a suit for permanent injunction i.e on..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 54 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Cause of action to file suit arose on the date when registered sale deed is executed in favour of defendant through Court proceedings - Prior to said date defendant himself was not having any title to suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Agreement executed on 24.01.2001 - Suit filed on 03.01.2022 - No date or period has been fixed for performance of agreement or for execution of sale deed - Defendant denied the agreement for the first time on 8.11.2021 by way of reply to notice -..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Specific performance -- Writ petition under Article 226 of the Constitution is not maintainable and/or entertainable for specific performance of the contract and that too after a period of 10 years by which time even the suit for specific performance was barred by limitation...........
