Agreement to sell -- Specific performance - Readiness and willingness - Plea regarding readiness and willingness can only be raised by vendor defendant and not by subsequent purchaser or his Legal representatives...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Courts below found that plaintiffs failed to prove that suit land was given by original owner to their grandfather - Defendants on the other hand produced revenue documents in which defendant no.2 recorded as owner of suit property - Since plaintiffs were not..........
Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement - Once an ex parte decree is set aside parties are relegated to the stage at which they were proceeded exparte and not earlier to that - When the matter before High Court was an order condoning delay and setting aside ex parte decree then observation of High Court..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - To be confined only to those issues burden of which was upon the other party - In the instant case burden of proof on issue No.2 only was upon defendant - Trial Court order that affidavit filed in rebuttal by plaintiff be confined to the extent of issue No.2 only - Plaintiff in the garb of rebuttal..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for partition - There is no community of interest between various co-owners - In a suit for partition, every party, be it plaintiff or defendant, has his own interest to secure - Order permitting plaintiff to give notice via publication in accordance with O.1.R.8 CPC set aside - Trial Court to order..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Document sought to be produced i.e patta issued in the year 1941 and mention of said document is also there in suit - Petitioner later on added as a party defendant in suit and he has not filed any counter claim and if plaintiff wants to produce secondary evidence on record, petitioner cannot be allowed to raise..........
Civil Procedure Code, 1908, Section 115 -- Revision - Non-affixation of proper Court fee on plaint - Question of affixation/payment of Court fee is between plaintiff and State and defendant had no right to move superior Courts by way of appeal or revision petition in eventuality said question having been decided against him - Revision petition dismissed being not..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Plaintiff seeking to prove agreement to sell by way of secondary evidence - Earlier an application was filed by defendant asking plaintiff to produce original agreement to sell wherein plaintiff stated that original is not traceable and as and when it was traced, same would be produced - However, plaintiff now in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Objections raised by defendant are subject matter of trial which can be determined after recording evidence of both parties - Looking to nature of suit and objections raised by defendant, trial Court not committed any illegality and jurisdictional error in dismissing application for..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Service of summons - Service upon defendant was sufficient but mandatory provision of O.5.R.17 CPC not followed - On refusal to take summons by person on whom services to be effected, process server is required to affix notice on conspicuous place of house that too in presence of independent..........
