Agreement to sell -- Ready and willing - Plaintiff is not required to tender the amount to defendant or to deposit the amount in Court - However, plaintiff is required to at least prove that he has the capacity and was prepared to perform his part of the contract...........
Agreement to sell -- Specific performance - Delay and latches - Defendant cancelled the agreement by sending notice which was duly received by plaintiff - Though plaintiff kept on replying to notices sent by defendants, but he did not take any positive step in order to get agreement to sell enforced - Even, defendant filed a suit for permanent injunction in which..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Basis of proposed amendment is gathering of knowledge from application for amendment of written statement filed by defendant no.2 which was rejected - However, very basis of acquiring knowledge of plaintiffs being violative of O.6.R.17 Proviso CPC, same cannot be accepted - Proposed..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Divergent findings on fact - Suit for permanent injunction - Plaintiff except contending that suit property was being enjoyed for past 40 years by paying kist has not in fact referred to manner in which such right had accrued so as to suggest or indicate unassailable right to be in physical possession - He himself..........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession as well as damages and mesne profit - Possession of suit property was received by defendant in pursuance of a warrant of possession issued by trial Court - Issue regarding quantum of compensation is inter-linked with the fact as to when possession was with original plaintiff and when it reverted back to..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Defendant admitted his signatures on pronote and receipt - Plea that signatures were obtained fraudulently - No evidence on record to indicate perpetuation of any fraud and misrepresentation - Decretal of suit calls for no interference...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Consideration - DW1 stated that he was present at the time of execution of pronote and receipt but consideration amount was never handed over in his presence - DW1 is nephew of defendant - Admittedly nether pronote nor receipt bear signature of DW1 - In fact DW1 in his cross examination admitted that he was not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issuance of Commission - Commissioner appointed before filing of written statement - Defendant disputed the identity of property in written statement - No prejudice will be caused to the defendant, in the re-issuance of Commission - Report of Commissioner may be of use to decide the issue in the suit and to avoid lengthy..........
