Compromise decree -- Suffered by a blind person - Plea of fraud - Held, merely because the defendants were blind, could not warrant an inference that the decree was outcome of fraud - Defendant signed written statement and suffered statement in the court - Mutation sanctioned - Defendants choose not to object the decree or mutation during their life time - Presumption of..........
Limitation Act, 1963, Article 65 -- Suit for declaration based on title - Defendants denied title of plaintiff on the basis of decree by which the title passed on to them - Plaintiff could not claim title unless the decree was set aside - Limitation to challenge decree is three years of the passing of the decree or from the date of knowledge...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Appellant made a statement in court conceding claim of respondents - Court while relying upon the aforesaid statement passed decree in favour of defendant No.1 - No challenge to the aforesaid decree on ground that statement was not made in court or same was made by misrepresentation or playing fraud upon..........
Agreement to sell -- Specific performance - Entire sale consideration paid in installments - Defendant admitted receipt of the amount but contended that it was towards the hand loan and not the consideration stipulated under the agreement for sale - Endorsement made on agreement whenever payment made - Most of the times, it was in the handwriting of the defendant and his..........
Civil Procedure Code, 1908, Order 7, Rule 8 -- Monetary loss and mental agony - Suit for recovery - No details pleaded in the plaint for computing loss caused due to mental agony - Held, it was necessary to plead and prove the specific facts which result in causing loss - A money decree for loss in business or the loss caused due to mental agony cannot be granted on the..........
Civil Procedure Code, 1908, Order 8, Rule 11 -- Non filing of written statement - Held, even in the absence of written statement, it is necessary for the plaintiff to prove his case - Decree cannot be passed unless pleadings made in the plant are established - The case cannot be said to be ipso facto proved because of failure on part of defendant to file written statement...........
Civil Procedure Code, 1908, Order 32, Rule 12(2) -- Minor defendant - Attaining majority during pendency of suit - Not choosing to come on record and to contest suit himself - Held, minor must be deemed to have elected to abide by the representation of the guardian and the judgment and decree eventually passed in the suit is binding upon him - Mere fact that suit was..........
Agreement to sell -- Suit for specific performance - Relief of specific performance - Held, grant of decree of specific performance after almost 29 years not justified - Moreover third party interest was created over the property in dispute...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Permissibility - As per agreement to sell executed by father of defendant and defendant clearly states that possession is given to plaintiffs - Plea of defendants that agreement to sell in favour of minors is invalid - But nowhere father of plaintiffs stated that he entered into..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Period spent by filing revision in which execution of decree was not stayed not to be excluded for counting period of limitation for filing execution petition...........
