Agreement to sell -- Suit for specific performance - Defendant alleged that plaintiff has obtained signatures on blank stamp papers and thereafter fabricated alleged agreement of sale - However, there is no justification from defendant side as to what prompted defendant to remain silent without filing a criminal complaint alleging fabrication of an agreement of sale and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Proposed amendment attempt to alter the very character of transaction from an agreement to sell into a transaction of loan, by introducing a new context that agreement was executed only as a security to such a loan - It completely changes the foundation of the..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Suit for possession by way of specific performance as well as permanent injunction - Keeping in view nature of suit and the fact that in case defendant is not permitted to file his written statement, great injustice would be occasioned to him - One opportunity is thus, granted to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Suit is at its final stage and is fixed for arguments - Nothing substantial was being sought to be incorporated by way of amendment - There is no merit in the application - Application rightly dismissed...........
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..........
Agreement to sell -- Suit for specific performance - Ex parte decree - Suit decided without framing issues - Suit for specific performance cannot be decided without framing issues even when written statement is not filed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for specific performance - Ex parte decree - Setting aside ex parte decree - Suit decreed ex parte without framing issues and application U.O.9.R.13 CPC filed within time rejected - Suit for specific performance cannot be decided without framing issues even when written statement is not filed - Ex parte decree set aside..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Application filed by defendant to place on record family settlement - However, there is no reference of said family settlement in written statement - Parties had already closed their evidence at the time of filing of application - Even, part arguments had already been heard -..........
Agreement to sell -- Validity - Suit for specific performance - Defendants have denied execution of agreement in written statement - One of attestors of agreement had stated that he did not sign as a witness on agreement - Genuineness of agreement has not been proved by plaintiffs - Agreement in question is not valid...........
Agreement to sell -- Specific performance - Plea of joint ownership - Defendants admitted the execution of a contract of sale in written statement which is signed by defendant no.2 later on - No documentary evidence is produced on record to show that they are entitled to share in the suit property by succession - Merely stating that it is ancestral property of father is..........
