Agreement to sell -- Suit for specific performance - Readiness and willingness - Though essential requirement of agreeing execution of agreement to sale and receiving of earnest money by vendor is proved but subsequent part required for fulfilling contract by making complete balance payment to defendants and also by proving readiness and willingness on part of plaintiff..........
Indian Contract Act, 1872, Section 55 -- Agreement to sell - Suit for specific performance - Time whether essence of contract - Admittedly, agreement has the clause that balance amount of sale consideration was to be paid by plaintiff to defendants within a period of 91 days and even, agreement clearly shows consequences on failure of parties in completing the agreement..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Plaintiff shall file all documents which are in his possession alongwith plaint - Plaintiff can file documents at a later point of time by showing sufficient cause...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 18, Rule 17 -- Late production of documents - Recall of a witness - Documents, which were sought to be filed now, were available with the plaintiff - However, no foundation was made in the plaint with regard to those documents - More so, plaintiff earlier availed the opportunity to file the..........
Civil Procedure Code, 1908, Order 26, Rule 1, 4A -- Local Commissioner to record evidence - Court cannot appoint an Advocate Commissioner without assigning any reasons - Impugned order of appointing advocate commissioner for examination of plaintiff does not show any reason which prompted lower Court to appoint an advocate Commissioner - More so, as per cause title,..........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Ground of undervaluation or payment of deficient Court fee - Plaint cannot be straightaway rejected on the ground of undervaluation or payment of deficient Court fee - Only when Court founds that relief has been undervalued or sufficient Court fee not paid, directs the plaintiff to amend the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during pendency of suit so as to..........
Specific Relief Act, 1963, Section 26 -- Rectification of instrument - An assignment deed cannot be rectified without pleading and proving fraud or mutual mistake of parties - Merely on proving the boundaries in a suit of this nature, a plaintiff cannot succeed without satisfying the essential legal requirements - Absence of material pleadings required for seeking..........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Earlier suit filed on the basis of award and its consequential enforcement was dismissed for defect in the jurisdiction of Court - Rights of plaintiff in subsequent suit for partition and recovery of properties filed on the basis of title and share in ancestral and common properties of firm did not get..........
Adverse possession -- Where plaintiff and defendant had inherited properties in question from common ancestor, alternative plea of adverse possession by defendant was inconsequential...........
