Agreement to sell -- Specific performance - Equitable relief - Execution of contract made subject to satisfactory survey which is binding obligation upon seller - However, seller failed to perform his part of obligation to satisfaction of buyer - Buyer on other hand was ready and willing to perform his part of contract - Moreover, it is seller who always tried to wriggle..........
Agreement to sell -- Specific performance - No oral evidence available from both sides to prove their case - Parameters required for proving readiness and willingness which is mandatory not satisfied by adducing sufficient evidence - Decree of specific performance passed by Trial Court cannot be sustained - Without expressing anything on merits, it is fit case to set aside..........
Civil Procedure Code, 1908, Section 152 -- Clerical mistake - S.152 CPC is limited and confined to only correction of mistake or omission mentioned therein - Plea sought to be raised by JD that surplus amount of decree has been ordered to be returned to respondent no.2 alone, which is a clerical mistake, held rejected, as same does not fall within provision of S.152 CPC -..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Decree of divorce by mutual consent - Application of wife for setting aside decree on ground of fraud, coercion and undue influence - Wife already led evidence - Application of wife dismissed on an application being filed by husband holding that wife should file appeal before High Court - Held, as District Judge had opted to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court cannot go behind the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection as to nullity of decree - Objection neither raised before Executing Court or first appellate Court or High Court - It cannot be allowed to be raised for the first time before Supreme Court - Objection rejected...........
Punjab Custom (Power to Contest) Act, 1920, Section 7 -- Effect of amendment - Suit for declaration - Amendment to S.7 of the Act is retrospective in nature, applicable only to proceedings pending on date when amendment came into force. i.e 1973 or where proceedings were initiated after date of amendment - Suit filed in 1962 and appellant Court passed the decree in 1965,..........
Civil Procedure Code, 1908, Section 13 -- Decree of foreign Court - Matrimonial proceedings - Conclusive in India only when it is passed by Court of competent jurisdiction and it is in accordance with law that governs matrimonial matters between parties...........
Civil Procedure Code, 1908, Section 13(d) -- Divorce - Judgment of foreign Court - Does not indicate that husband who obtained divorce decree against wife has ensured effective contest by making all necessary provisions for wife to defend petition - Proceedings were in breach of principles of natural justice - Judgment of foreign Court is unenforceable in terms of S.13(d)..........
Agreement to sell -- Specific performance - Defendant No.1 sold the property to Defendant No.2 who thereafter sold the property to defendant No.3 before filing of the suit for specific performance - Plaintiff did not ask for their cancellation - It stands in the way of a decree of specific performance - Suit rightly dismissed...........
