Limitation Act, 1963, Section 5 -- Delay - Condonation - Generally delays be condoned where gross negligence or deliberate inaction or lack of bonafide is not imputable to the party seeking condonation of delay - Law of limitation has been enacted to serve the interests of justice and not to defeat it...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Rent petition - Amendment of plaint - Eviction petition on ground of bonafide necessity - Amendment sought by incorporating additional ground that tenant has been allotted a plot for construction of a shop - Issue of comparative hardship already framed - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Restoration of suit - Counsel mistook date 25.5.1990 whereas date fixed was 25.11.1989 - Bonafide mistake of counsel - Sufficient cause for non appearance - Restoration of suit allowed subject to payment of Rs.2, 000/- as costs...........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19 -- Suit for specific performance - Two days after filing the suit, house sold by defendant to another person - S.19 SRA protects bonafide purchaser in good faith without notice of agreement prior to filing of suit - Purchase made subsequent to filing of suit not saved by S.19 SRA - Decree in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Bonafide purchasers of the property in dispute during pendency of suit - Purchasers are necessary parties to the suit...........
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 -- Plaint - Amendment - Eviction suit - Additional pleas sought to be introduced in plaint on basis of Will coming to knowledge subsequently - Will unregistered and unprobated and not on stamp paper and amendment application not supported by affidavit - Will disclosed after more than a decade since death of testator - Will..........
Rent and Eviction -- Reasonable and bonafide necessity - Necessity is a question of fact - Whether it is bonafide is also largely a question of fact - Whether necessity is reasonable would attract legal principles for being judged objectively...........
Specific Relief Act, 1963, Section 19(b) -- Bonafide purchaser for consideration without notice - Such defence is available in a suit for specific performance of contract but not in a case where the plaintiff claims title in himself and files a suit for possession...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - A bonafide purchaser of the property during the pendency of litigation without any knowledge of such litigation becomes owner of the property and is entitled to be heard before any order is passed affecting his vital interest in the property - He is a necessary party to be allowed to be impleaded in..........
