Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of rebuttal evidence - Suit for mandatory injunction - Amendment sought for substitution of mandatory injunction with word possession - It was more of a clarificatory nature and that plaintiff shall not lead any further evidence - Nature of suit and relief sought would be same but only its..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff has to prove his readiness and willingness to perform his part of contract throughout and establish through oral and documentary evidence...........
Agreement to sell -- Specific performance - Ready and willing - Suit filed after 5 years from the date of execution of agreement - No explanation offered by plaintiff for such period of five years - Plaintiff failed to prove his readiness and willingness to perform his part of contract throughout - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Alleged evidence sought to be produced by plaintiffs was well within knowledge of plaintiffs from the beginning - Plaintiffs were not vigilant of their rights in this regard - Even for the sake of arguments, submission of plaintiff to the effect that previous counsel had failed to lead necessary evidence, is..........
Agreement to sell -- Specific performance - Attesting witness to agreement to sell proved that amount was paid by plaintiff to defendant - Source of earnest money of Rs.10,31,000 is fully proved by plaintiff - Defendant led no evidence to rebut the testimony of attesting witness regarding earnest money having been paid in his presence - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Un-stamped agreement to sell - Agreement to sell is neither registered nor sufficiently stamped - Said agreement to sell could not have been considered for any purpose for accepting plaintiff's case - However, when defendant has not denied execution of document, so also receipt of part of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Exemption from substitution of LRs - Plaintiff already filed an application for substitution of LRs of defendant - Subsequent application filed by plaintiff seeking exemption from substituting heirs of deceased defendant not required to be filed within 90 days of death - There cannot be any abatement in..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 247 days in filing second appeal - Defendant filed second appeal against judgment and decree passed by first appellate Court with a delay of 247 days - No doubt, if delay is condoned, same will cause some hardship to plaintiff - Therefore, same has to be compensated by way of imposing costs of Rs.5,000..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
