Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff only led affirmative evidence with regard to issue Nos.1 & 2 relating to agreement to sell and part payment - It cannot be said that plaintiff had led evidence or produced evidence on specific issue of forgery contained in issue No.3, the burden of which was on defendant - Permission to produce..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate correct value of suit property - Nature of suit not changed - Amendment cannot be rejected merely on the ground that upon enhancement of valuation of suit property, suit was to be transferred to High Court on its original side - Amendment..........
Specific Relief Act, 1963, Section 37, 38 -- Prohibitory injunction - Plaintiff not in possession of suit land but filed a simpliciter suit for prohibitory injunction - Merely by adding the line in the prayer clause by plaintiffs that in case defendants are able to take possession of suit land during pendency of suit, suit may be treated as `a suit for possession', is not..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Identification of property - Suit property described in plaint not only by boundaries but also by municipal number and by giving its description in the plaint map - From no stretch of imagination it can be said that suit property was not identifiable - Moreover, Advocate Commissioner's report proves that plaintiff was in..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Permissibility - In order to succeed in an application filed for withdrawal of suit with liberty to file afresh suit, plaintiff has to satisfy at least one of two requirements mentioned in O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Permissibility - Plaintiff failed to prove that suit has suffered from any formal defect - Except raising a vague plea that defendants have intended new concepts, plaintiff has not explained as to what those concepts were and whether they constitute sufficient ground to..........
Agreement to sell -- Specific performance - Compensation in lieu of specific performance - No concluded agreement between parties - Correspondence between parties not showing any unequivocally acceptance of terms provided in letter addressed by party - Parties not ad idem with regard to terms of contract - Plaintiff is not entitled to any compensation in lieu of specific..........
Agreement to sell -- Specific performance - Compensation for breach of contract - No concluded agreement between parties - Correspondence between parties not showing any unequivocally acceptance of terms provided in letter addressed by party - Nothing to show that plaintiff suffered any loss on account of negotiations which were in progress - Held, plaintiff is not..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for specific performance - Where in the agreement of sale, specific date has been fixed for performance of agreement, then no, compliance of agreement on the said date would give a cause of action to file the suit for specific performance within three years from the date so fixed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff pleaded that only averments made in plaint alone have to be taken into consideration and that documents filed along with plaint cannot be looked into - When the particular document forms the basis of plaint, said document has to be treated as part of plaint as being part of cause of action - In..........
