Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction restraining defendant from alienating suit property - Pleadings of plaintiff that defendant was not adhering to the terms of agreement to sell and with intent to cheat and defraud the plaintiff he was not performing his part of the contract and was contemplating to sell the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Property described in plaint only by boundaries - Number of property sought to be clarified by way of amendment of plaint - Proposed amendment is by way of clarification only - No prejudice is likely to be caused to the defendant - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At execution stage - Claim of possession sought by way of amendment of plaint at the execution stage of a decree for specific performance - Relief of possession can be granted even at the execution stage though not claimed by the vendee during the pendency of the suit as the relief of possession flows..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance of agreement for sale of undivided joint family house - Sisters of the vendees praying to be impleaded as the party to the suit being co-owners having undivided hare in the dwelling house of joint family - Application is maintainable - Applicant allowed to be impleaded as party to the suit...........
Civil Procedure Code, 1908, Section 80 -- Suit against Government - Notice - Suit instituted - Subsequent amendment of plaint and a new case of specific performance set up - Suit not maintainable - Fresh notice u/s 80 ought to have been issued since entirely new cause of action brought into existence...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - A person not a party to the agreement cannot be allowed to be impleaded as a party...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for specific performance - Earlier suit for injunction filed when it was open for plaintiff to file suit for specific performance - In previous suit neither relief of specific performance sought nor any application filed U.O.2.R.2(3) seeking leave of Court to sue for relief of specific performance afterwards - Therefore,..........
Civil Procedure Code, 1908, Order 1, Rule 3 -- Necessary party - Suit for specific performance - Flat owned by defendant in co-operative society - No relief claimed against society - If suit was decreed in favour of plaintiff, society has to accept plaintiff as its member - Consequently society would not be necessary party to suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Relief of possession sought to be introduced by way of amendment - Relief of possession is a natural consequence of the relief of specific performance - Proposed amendment is necessary and essential for effective adjudication of rights of parties - Amendment allowed...........
Civil Procedure Code, 1908, Order 18, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 1 -- Suit for specific performance - Subsequent bonafide purchaser for value without notice - For plaintiff it is a issue of rebuttal - No adverse inference can be drawn against him for his not leading evidence in affirmative insofar as his own statement is concerned with regard to..........
