Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed defendants - Defendant in her..........
Agreement to sell -- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction - Defendant no.3 held, not a bona fide purchaser -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Plaintiff wants to convert the suit for permanent injunction to specific performance on the basis of agreement to sell - Originally suit for permanent injunction filed against President and Secretary individually - Appropriate party would be society represented by its..........
Court Fees Act, 1870, Section 7(iv)(d) -- Court fee - Suit for specific performance and permanent injunction - Relief for permanent injunction does not flow from relief for specific performance and is independent relief - Thus, court fee is to be separately valued and is payable u/s 7(iv)(d) of the Act...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Leave U.O.2.R.2(3) - Agreement to sell - Suit for permanent injunction - Right to file separate suit for specific performance reserved - Court allowing application U.O.2.R.2 CPC - Cause of action for both the suits are different - In case of suit for injunction plaintiff is required to make out the existence of prima facie..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Former suit for injunction dismissed on technical ground that an agreement to sell can only be sued as a protective shield but not as a sword to file injunction and plaintiff has to seek alternative and efficacious relief of specific performance - Plaintiff therefore filed the present suit..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Plea in suit for injunction that defendant refused to honour the agreement to sell - Such plea gives rise to cause of action to file suit for specific performance - Plea that cause of action for filing suit for specific performance could not have arisen before the last date of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Execution of agreement for sale between parties not disputed - Suit property was sold twice - If interim injunction is not granted, suit property may be transferred further and there would be every possibility of multiplication of proceedings - Moreover, nature and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial - Amendment rightly declined...........
Civil Procedure Code, 1908, Section 16(d) -- Jurisdiction - Suit for specific performance and perpetual injunction - Relief of specific performance simpliciter though lie within the jurisdiction of Court below, but relief as a whole not being within its territorial jurisdiction - Suit, thus, cannot proceed as application of S.16(d) CPC is inescapable and relief of..........
