Agreement to sell -- Decree of specific performance - Review - Plea for review of decree on account of appreciation of value of suit property by passage of time - Plaintiff paid not only the entire sale consideration but also the registration expenses - No case is made out that sale deed could not be executed because of some lapses on part of plaintiff - On the contrary,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff has taken plea of inadvertence and typing mistake in her application for amendment - Addition of a new paragraph by no stretch of imagination can be said to be a typing mistake - Plea of inadvertence sought to be raised by plaintiff in view of proceeding in title suit also must fail - Moreover,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Order allowing withdrawal of suit - Order relates back to the date of filing application for withdrawal of suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiff has absolute right to withdraw his suit or abandon any part of his claim...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking of parties name - Plaintiff alleged breach of obligation on part of defendant-directors, for failure to protect his invested interest in Mutual Funds - Plaint contained necessary elements of breach of tort of negligence and disclosed cause of action - Directors of company projected as skilled repositories of money..........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Property of minor - Suit filed by next friend - Non-impleadment of minor children - Petitioner who is major, himself claiming A-Schedule property in suit - Merely because in suit petitioner also sought relief for B-Schedule Property, which he claims to be belonging to his minor children, Court below could not have directed..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Clause in agreement that there will be no arbitration in case insurance company disputes or does not accept the liability under or in respect of policy - To put it differently, an arbitration clause would enliven or invigorate only if insurer admits or accepts its liability under or in..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Subsequent added defendant - Neither filed written statement nor adopted written statement of any other defendant - At a later stage wanted to adopt written statement filed by defendant No.6 - Inspite of the delay application allowed looking to subject matter of suit and pleadings already taken - However,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal - Appeal dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit..........
