Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that gift deed is null and void and permanent injunction - Plaintiff alleges that gift deed is not a result or fraud and misrepresentation - Onus was upon plaintiff to prove the same, but plaintiff miserably failed to demonstrate and prove this fact - Concurrent findings of Courts below that..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of application U.O.21.R.58 CPC - Dismissal in default - Sufficient cause was shown for non-appearance when the suit was called for hearing - Appellant has been in fact penalized for her previous conduct - Lenient view in such matter in favour of opportunity of hearing to do complete justice deserves to be taken -..........
Agreement to sell -- Suit for specific performance - Limitation - Sale deed was to be executed and registered within one month - At the end of document a clause incorporated that said agreement will be valid for five years - Reason for incorporating this clause not spelled out - However, it does not change the date fixed for the performance...........
Agreement to sell -- Suit for specific performance - Limitation - Validity of agreement is something different and does not change the date of performance...........
Agreement to sell -- Suit for specific performance - Limitation - Once there is a specific date fixed for performance, limitation would be three years from the said date...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser of property sold during pendency of suit would be bound by decree irrespective of the fact whether he was later on impleaded as a party or not - However, he cannot claim that he is a necessary party in the pending suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - If any sale deed has been executed during pendency of suit and even if there was no temporary injunction order, still the said sale deeds would be subject to provisions of S.52 of the Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and for recovery of possession - Suit properties were exclusive properties of husband of plaintiff and to meet his medical and agricultural expenses, item No.3 of suit properties was sold to defendant No.3 - Defendant No.3 proved that he was bona fide purchaser of property in question - No evidence is..........
Limitation Act, 1963, Article 56 -- Limitation - Suit for declaration, delivery of possession and permanent injunction - Suit not filed within three years of having knowledge of execution of sale deed - Suit filed is not within limitation - Suit filed is barred by limitation - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is not applicable where earlier suit is still pending and Court has not decided the said suit...........
