Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff has not led any evidence that he was ready or willing to perform his obligations under the agreement - However, plaintiff alleged that he did not pay the balance consideration, as defendants failed to remove encumbrance on suit property - It is evident from agreement that liability to..........
Family settlement -- Suit for declaration - Plaintiff alleges that written compromise executed between parties in which defendant has to leave his part of land in favour of plaintiff - However, no reasonable cause has been given in the said document as to why he is leaving the land in favour of plaintiffs - It is not a valid agreement for want of consideration, as no..........
Negotiable Instruments Act, 1881, Section 118 -- Suit for recovery based on dishonoured cheque - Amount covered by cheque comes to Rs.17,50,000 for which no satisfactory evidence was adduced by plaintiff regarding its source - In absence of satisfactory explanation as to how plaintiff has raised such a huge amount, it would go against the presumption that can be drawn u/s..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is in uninterrupted possession of property as per revenue record - Merely because defendants do not admit possession of plaintiff and claim to be in possession, is not sufficient to deny relief of temporary injunction particularly in absence of evidence to prove that defendants are in..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - Right of plaintiff to evidence came to be closed by trial Court earlier on two occasions - However, in interregnums, several applications for production of documents were also filed by either side - One more opportunity is thus, given to plaintiffs to exercise their right of evidence with cost of Rs.1000/-...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to institute fresh suit for same cause of action - Inability to secure necessary evidence by plaintiff - Not the right ground to withdraw suit with liberty to file a fresh suit for same cause of action...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling plaintiff for cross-examination - Documents proposed to be placed on record in evidence by putting the same to plaintiff in his cross examination after recalling him - Such documents not relevant for adjudication of suit - Trial Court rightly dismissed the application...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Plaintiff and defendants have filed separate suits in respect of same property and both the suits were clubbed - Since the plaintiff's suit is earlier in point of time and that defendant's suit is clubbed with plaintiff's suit, as such plaintiffs were rightly directed to lead evidence first...........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Defendant contended that sale deed executed on 15.4.1971 - Onus is on defendant to establish the execution of sale deed on said date - However, no evidence led in support of such fact - More so, sale deed was executed in favour of plaintiff also and original owner of sale deed during his lifetime..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To know the existing position at spot - Does not amount to collecting evidence on behalf of plaintiff - Order appointing Local Commissioner calls for no interference...........
