Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Agreement to sell -- Suit for specific performance - Transferee lis pendens - Not a necessary party - However, a transferee lis pendens may pursue appeal against a decree of specific performance against vendor, as a legal representative/inter-meddler of estate of vendor - But, having regard to nature of decree that is required to be passed in a suit for specific..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Non-substitution of LRs - Before declaring a suit or proceeding to have abated on ground of non-substitution of heirs/LRs of a deceased party, Court must examine whether interest of deceased party qua subject matter of proceeding is sufficiently represented by other parties already on record - If..........
Consumer Protection Act, 2019, Section 71 -- Execution - Decree cannot by process of execution be employed to shift or enlarge liability so as to bind persons who were neither parties to decree nor otherwise legally liable thereunder...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Amendment was only to bring execution petition in line with final decree passed by Court - More so, executing Court has rendered certain findings and has held that unless execution petition is amended, decree cannot be executed - Application..........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Family disputes, dissolution of marriage, decree of divorce under Hindu Marriage Act or Special Marriage Act can only be entertained by Family Court u/ss 7 & 8 of Family Courts Act and in absence of Family Court, District Court can examine the matters...........
Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of family Court - Plaintiff is seeking a decree of divorce/talaq by Matrimonial suit which he had filed before Civil Judge (Jr. Div.) - In absence of Family Court in District, only competent authority to deal with such matrimonial matter is District Judge or Civil Court - Civil Judge (Jr. Div) had no such authority or..........
Succession Act, 1925, Section 372 -- Succession certificate - Dispute regarding status of legally wedded wife - Rival claims - Parallel comprehensive suit for partition pending - It is not appropriate for High Court to decide status of parties in a summary proceeding - Parties to establish their legal status through evidence in the pending civil suit - Based on the decree..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Non-payment of balance sale consideration within time period fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract...........
