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..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for specific performance - Specific performance becoming impossible as land agreed to be sold came to be acquired by Government for public purpose - Amendment of plaint seeking compensation by way of liquidated damages and refund of advance, instead of specific performance - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance of agreement to sell - Property sold away in Court auction in another case - Amendment of plaint sought to realise the amount - Claim for money becoming time barred by that time - Held, alternative relief does not at all alter the cause of action for the suit - Amendment..........
Civil Procedure Code, 1908, Section 148 -- Decree for specific performance - Last date for deposit of balance sale consideration was 6.9.1977 - 5/9 was declared a holiday and 6 & 7 being Saturday and Sunday were again general holidays - On 8/9 application filed for extension of period - Application rejected holding that he should not have waited till last date - Held, when..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Cheating - Criminal proceedings - Quashing of - Pendency of civil suit for specific performance - Held, no ground to quash criminal proceedings, particularly, when Magistrate was of opinion that there exists sufficient material to proceed with criminal case...........
