Civil Procedure Code, 1908, Section 96 -- First Appeal - Decree for specific performance - Decree put into execution - Entire proceedings of trial including examination of two witnesses and final arguments completed within a period of 31 days from date civil Court recorded that defendant/appellant did not have written statement to file - Defendant is categorical in his..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Suit for specific performance - Documents sought to be produced by way of application are not documents which ought to be produced in Court by plaintiff or ought to be entered in list of reliance at the time of presentation of plaint, as these documents never relied upon by plaintiff..........
Agreement to sell -- Suit for specific performance - Bonafide purchaser - Seller entered into agreement to sell with plaintiff and subsequently sold the suit land to defendants - However, plaintiff fail to show that he was in possession of suit land at the time of execution of sale deeds in favour of defendants by seller - Moreover, in absence of his examination as..........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 19(b) -- Impleadment of party - Dismissal of application - Suit for specific performance was filed in July 2007 - Written statement came to be filed by defendants in May 2018 after about 11 years of filing of the suit - Petitioner had purchased suit property vide two sale deeds and thereafter..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of LRs of deceased defendant - Suit for specific performance - L.R's already on record and they adopted the written statement filed by their father - L.R's now seeking impleadment in their own right - Merely because L.R's had adopted written statement of deceased defendant No.1 is not a bar in seeking their..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contract of sale - Suit for specific performance - Plaintiff is making a request to send vakalat and written statement containing signatures of defendant and also contract of sale said to be containing signatures of defendant to an expert - It is not for defendant to contend that request of..........
Agreement to sell -- Specific performance - Plea that suit is not maintainable without seeking declaration of cancellation/termination of contract - Plea not tenable in absence of such a pleading - Had the defendants taken this objection at the first instance, while filing written statement, plaintiff would get an opportunity to amend the plaint and challenge the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed defendants - Defendant in her..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant received part consideration on the very same day of execution of agreement and additional amount within 3 months from date of such agreement - Plaintiff always ready and willing to perform her part of contract, as she repeatedly requesting defendant to perform his part of contract but..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not raised said plea in written..........
