Agreement to sell -- Specific performance - Refund of advance amount - Suit filed by plaintiff was barred by limitation - Plaintiffs are not entitled to a decree for refund of Rs.1 lakh with interest - However, since plaintiff had spent money in obtaining approval of layout plans and defendant had sold most of suit property and plaintiff have deposited Rs.31,45,000 in..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Bar of res judicata - Issue of res judicata cannot be decided in an application U.O.7.R.11 CPC, as adjudication on the issue involves consideration of pleadings in earlier suit, judgment of trial Court and Judgment of Appellate Courts...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that defendants do not have any easementary right in their agricultural land is maintainable before civil Court - Application U.O.7.R.11 CPC rightly dismissed. (Rajasthan Tenancy Act, 1955, S.207)...........
Partition suit -- In a suit for partition every interested party is deemed to be plaintiff...........
Partition suit -- No bar in passing numerous preliminary decrees in a suit for partition...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Failure to ask an appropriate prayer in the suit is a matter for final decision in the suit and such contention cannot be an issue to be considered in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - False cause of action and failure to disclose cause of action - Both are totally different - Plaint can be rejected only when it failed to disclose cause of action and not when it averred false cause of action - False cause of action is one that should meet its consequences at the end of suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Promissory estoppel being a rule of evidence in terms of Ss.115 to 117 of Evidence Act, may fall for consideration in the trial of suit and is not a bar under law for instituting the suit itself...........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
Agreement to sell -- Validity - Earnest money of Rs.3,90,000 was allegedly paid by plaintiff to defendant in the presence of typist - However, said typist was never produced by plaintiff to prove authenticity or genuineness of agreement to sell - Out of two attesting witness, one deposed on oath in favour of defendant - Agreement to sell is doubtful - Suit rightly..........
