Agreement to sell -- Specific performance - Relief of - Execution of agreement proved - However, it is no where pleaded or proved by plaintiff that he got redeemed the mortgaged land in favour of defendant No.2 in terms of agreement nor it is specifically pleaded that he was ready and willing to get the property redeemed from the mortgage - Refund of earnest money ordered..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - A compromise forming the basis of a decree can only be questioned before the same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred by O.23.R.3A CPC - Expression `not lawful' used in O.23.R.3A CPC covers a decree based at a..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - Neither there is any concealment nor misrepresentation by defendant No.1 - If plaintiff forms a belief without clarifying the same with defendants, defendants cannot be faulted for the same - To declare a contract null and void due to fraud plaintiff must plead the ingredients of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Passing of a decree on the basis of admission is not a matter of right - It is a matter of discretion and discretion is to be exercised judiciously by Court only in cases where there is unequivocal, unambiguous and clear admission...........
Indian Penal Code, 1860, Section 225B -- Escape from custody - Judgment debtor - Process server informed judgment debtor about the warrant and demanded to pay the decree debt mentioned in the warrant but he did not pay the amount - Process server arrested him - Thereafter judgment debtor/accused informed that he was not ready to accompany process server to the Court and..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff to throw cloud on the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Plaintiff is the dominus litis - It is for the plaintiff to choose against whom he wishes to litigate - Plaintiff cannot be forced to litigate against a party against whom he seeks no relief - If plaintiff omits to sue or litigate against the party whose presence is..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in accordance with law...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Onus is upon plaintiff to prove his title - Plaintiff must prove his title independently, and a decree in his favour cannot be awarded for the only reason that defendant has not been able to prove his title...........
Specific Relief Act, 1963, Section 39 -- License - Termination by serving notice - Defendant pleading to be tenant over the land in question - Plea of defendant that it is only the eviction petition under the Rent Act which is maintainable - Defendant failed to prove himself to be statutory tenant as pleaded by him - Defendant failed to show any document supporting his..........
