Agreement to sell -- Suit for specific performance - Ready and willing - On stipulated date vendor not available to receive balance consideration amount - Vendor accepting balance sale consideration amount on subsequent date - Vendor still issuing notice rescinding contract and forfeiting advance on ground that balance consideration was not paid on stipulated date which..........
Civil Procedure Code -- Amendment of plaint - Suit for declaration to be owner in possession - During pendency of suit plaintiff dispossessed in execution of orders of Revenue Authorities - Amendment to bring on record subsequent events and also challenge to the order passed by Revenue Authorities being illegal, null and void and not binding - Neither nature of case..........
Civil Procedure Code -- Order 34 - Interest on mortgage suits, pendente lite and future - Discretionary power given to Court under Order 34 Rule 11 to cut down rate of interest - Independent power - Neither traceable to Section 74 Contract Act nor to any power in Usurious Loans Act, 1918, nor to any State statute - Not obligatory on part of Court while passing preliminary..........
Civil Procedure Code, Section 10 -- Some of the issues pertaining to possession and about validity of gift identical in both the suits - Factors : (1) land involved more in subsequently instituted suit, and (2) parties also little different inasmuch as more parties in subsequent suit - Some of the questions common but not substantially the same - Order staying subsequently..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suppressing of facts - In an earlier suit ad interim injunction vacated after hearing the parties and this fact concealed in the subsequent suit - Held, plaintiff not entitled to any relief under O.39.Rr.1, & 2...........
Civil Procedure Code, Section 10 -- Stay of subsequently filed suit - Prayer made in earlier suit a negative prayer that Electricity Board should not grant any connection to defendants without hearing plaintiffs and in the subsequent suit filed by defendants prayer for installation of new connection - Points raised by defendants in subsequent suit cannot be said to be..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Title to property or possession if remains the same - Order 21 Rule 29 not applicable - Judgment-debtor or his successor cannot resort to this rule merely because a plea was not put forward, which plea was open to him at the time when decree was passed against him on earlier occasion - Not open to heirs of judgment-debtor in..........
Civil Procedure Code, 1908, Section 10 -- Applicability - Four conditions to be fulfilled - firstly, the matter in issue in the second suit is also directly and substantially in issue in the first suit; secondly, that parties in the second suit are the same or parties under whom they or any of them claim litigating under the same title; thirdly the Court in which the first..........
Civil Procedure Code, 1908, Section 11 -- Expln.IV and Order 2 Rule 2 - Claim omitted - Bar of subsequent suit - Bar applies only if claim in previous suit and that in subsequent suit arise from same cause of action - When right claimed in second suit was not in existence at time of first suit, then second suit is maintainable...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - The issue in the suit should have been directly and substantially a issue in the previously instituted pending suit between the same parties - It is not mere identity of the subject matter, but it is the identity between the field of controversy in the two suits that should be substantially the same...........
