Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Impleading of subsequent purchaser during pendency of suit and in violation of the stay order - Subsequent purchaser already filed a suit for declaration that he is a bonafide purchaser - Application dismissed...........
Specific Relief Act, 1963, Section 16(c) -- Suit for specific performance - Ready and willing - Plea of - Not only the original vendor but also a subsequent purchaser is entitled to raise plea that plaintiff was not ready and willing to perform his part of contract...........
Specific Relief Act, 1963, Section 16(c) -- Suit for specific performance - Ready and willing - Subsequent purchaser not impleaded who is a necessary party - Plaintiff is deemed to be aware of subsequent purchaser in whose favour registered sale deed is executed - In any case if plaintiff is not aware of the names of subsequent purchaser then it was open for plaintiff to..........
Civil Procedure Code, 1908, Order 1, Rule 9, Transfer of Property Act, 1882, Section 3 -- Suit for specific performance - Necessary parties - Subsequent purchaser is a necessary party - Plaintiff is deemed to be aware of subsequent purchaser in whose favour registered sale deed is executed...........
Civil Procedure Code, 1908, Section 11 -- Abatement of suit - Subsequent suit is barred not only by res judicata but also U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Abatement of suit - Subsequent suit is barred not only by res judicata but also U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 10 -- Pendency of execution proceedings in the previously instituted suit is not a ground to stay the subsequent suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Description of property in dispute in both the suits different - Plea that there is change of khasra and khatauni numbers which are duly explained - Held, at the stage of deciding application u/s 10 CPC there is no evidence or document on record to prove the plea - Plea repelled...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Suit property and parties in both suits different - Even relief claimed in both suits different - Relief claimed in the second suit not the subject matter of first suit - Dismissal of application - Order upheld...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs in earlier suit and present suit are different - Earlier suit was for permanent injunction whereas present suit is for permanent injunction and for mandatory injunction directing the defendants to remove their tube wells from the suit land - Earlier suit was dismissed as..........
