Civil Procedure Code, 1908, Order 33, Rule 1 -- Permission to sue as indigent person - Plaintiff filed an application to sue as an indigent person after filing of suit - Documents on record shows that plaintiff sold various properties during pendency of suit - Plaintiff did not disclose the purpose for which he utilized sale proceeds - Contumacious conduct on part of..........
Agreement to sell -- Specific performance - Readiness and willingness - Readiness and willingness is not to show liquid moneys available with the plaintiff/proposed purchaser but readiness and willingness has to be that there exists financial capacity. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Readiness and willingness - Bank account statement - On two dates there was deposit of Fifty and Fifty four lakhs - Otherwise there was barely deposit balance of Rs.25,000/- - No explanation as to how plaintiff mysteriously had such huge amounts on two dates and what was the source of those amounts and why such amounts appeared..........
Agreement to sell -- Specific performance - Refund of earnest money with interest @ 18% - Plaintiff guilty of breach of contract and also found speculating in litigation by failing to prove his financial capacity - Such high rates of interest ordinarily ought not to be granted in favour of the guilty party to a contract - However, grant of interest not interfered since no..........
Agreement to sell -- Specific performance - Readiness and willingness - Distinction - Readiness refers to financial capacity - Whereas, willingness refers to conduct of plaintiff wanting performance. (Specific Relief Act, 1963, S.16(c)...........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of plaintiff - Not a single document filed by plaintiff to prove his financial capacity to pay balance sale consideration of Rs.40,40,000 - A self serving averment of financial capacity cannot be held to be discharge of onus of proof of readiness and willingness - Once plaintiff..........
Agreement to sell -- Specific performance - Readiness and willingness - Refund of earnest money - Non deposit of balance of sale consideration in Court by plaintiff - It is not essential for plaintiff to tender money or deposit the same into Court but it is for plaintiff to show that he is having financial capacity at all relevant times to raise balance sale consideration..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Suit filed in the year 2005 - Amount of Rs.Ten lakhs, as per FDR, deposited in Court in the year 2012 as per directions in an order passed by the trial Court - For a long period of seven years plaintiff failed to prove that he had the financial capacity to pay the balance sale..........
Agreement to sell -- Specific performance - Capacity to pay balance sale consideration - Plaintiff contended that she is capable to pay balance sale consideration - Defendant/seller not denied the same - In the absence of any such denial by defendant, subsequent purchaser's contention on that aspect becomes unacceptable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit against company and its partners - Petitioner only a manager employee of company - Indeed, petitioner in his capacity as manager may be preparing account books and other documents of company - Even if accepted for sake of arguments that petitioner misappropriating funds or forging..........
