Agreement to sell -- Specific performance - Time essence of contract - Sale agreement indicate the intention of parties to treat time bound performance as an essential condition and it was stipulated that in case sale was not executed on date of execution, sale agreements were liable to be treated as cancelled and earnest money was to be forfeited - Even in the legal..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint to seek alternative relief of earnest money in a suit for specific performance - Court is vested with wide judicial discretion to permit plaintiff to amend plaint even at a later stage of the proceeding to seek alternative relief of refund of earnest money...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage when case is fixed for rebuttal evidence and arguments - Documents in question/jamabandis could not be produced earlier due to non-availability of Urdu records and its Hindi transaction - Moreover, Jamabandis sought to be led in evidence are public documents and would certainly enable Court to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at the instance of defendant - A party can seek amendment of his own pleadings - Court cannot permit a party to amend pleadings of other party in any kind of suit - Even in a suit for partition where status of parties is interchangeable the same analogy cannot be applied to the matter of amending the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from transferring the suit property in a suit for specific performance - Plaintiff always ready to perform his part of the contract and such pleadings has to be proved at the appropriate stage of trial - Balance of convenience is in favour of plaintiff - Defendant..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Defendants are required to produce relevant material in suit proceedings on their own to establish their case - Scope of O.26.R.9 CPC is limited and this discretionary power cannot be invoked as a matter of right by any of parties to suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Oral admission - Even, where admissions are oral, Court is empowered at any stage of suit to pass a judgment on admission...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Tenant admitted all aspects required to be established by a landlord in a suit for possession - Trial Court rightly decreed suit with respect to possession...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3A -- Rejection of plaint - Suit for specific performance - One suit against 11 defendants with whom plaintiff entered into separate agreement to sell with each land owner - In a suit for specific performance of contract, there cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment once incorporated ordinarily relates back to date of filing of suit - However, in appropriate case, Court can provide that amendment permitted by it shall not relate back to date of filing of suit...........
