Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - If parties to suit failed or omitted to state certain facts or certain facts came to their knowledge at a later point of time in such circumstances, Court can grant leave U.O.8.R.9 CPC to file subsequent pleadings...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction - Amendment sought to correct khasra number mentioned in plaint - Application filed immediately after filing of suit and trial Court even allowed the same before written statement of defendants was on record - Application rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Dispute is essentially with regard to payment of service charges between owners of property and its user i.e. respondent No.3 - Therefore, no other person has any right to be impleaded so as to defend suit regarding payment of service charges - Appellant claims to be successor of respondent No.3..........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - Without claiming title against third parties is maintainable...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Gramanatham land - In a suit for injunction a person in settled possession is entitled to protection against private individuals - Only the Government may question title over Gramanatham land, not private strangers without any supporting authority...........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Injunction can be granted to protect possession of a person who is in settled or lawful possession against any person disturbing possession, except the true owner...........
Agreement to sell -- Validity - Security for loan transaction - Substantial portion of consideration paid much prior to execution of agreement - Period of three years stipulated despite balance consideration being negligible - Agreement is proved to be intended only as a security document and not as an agreement of sale - Agreement to sell not a genuine agreement of sale..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff seeking specific performance must establish continuous readiness and willingness not merely at the time of institution of suit but throughout the relevant period...........
Agreement to sell -- Specific performance - Ready and willing - To prove readiness and willingness, there has to be continuous readiness and willingness of a party during all stages including at all times during pendency of suit...........
