Agreement to sell -- Suit for possession by way of specific performance - Readiness and willingness - Plaintiff on coming to know of registration of sale deed by defendant No.1 in favour of defendant No.2 filed the suit within one month from the date sale deed was executed - Even, plaintiff in his plaint has specifically stated that he is ready and willing to perform his..........
Agreement to sell -- Specific performance - Ready and willing - In the entire plaint not specifically pleaded that plaintiff has all along been ready and willing to honour his part of agreement - No mention in plaint that plaintiff had actually gone to Sub Registrar's office on the stipulated date with the balance sale consideration - Defendant not only pleaded that he..........
Civil Procedure Code, 1908, Section (2), 115, Order 7, Rule 11 -- Rejection of plaint - Amounts to decree - It is appeal and not revision which lies there against...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add relief of setting aside of alleged cancellation notice - Nature of suit is not altered in any way - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10(4) -- Impleadment of a party - Allowed - Change in cause title only - After 8 years plaintiff filing application that on impleadment of a party he should have been given a right to amend the plaint - Plaintiff not disclosed the nature of amendments which he wanted to incorporate - Provision of O.1.R.10(4) CPC mandates to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistakes - Can be cured at any time - There is no limitation so long record supports without doubt the mistake committed by human error...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Suit for cancellation of sale deed - First Appellate Court has merely given a judgment of affirmance without considering evidence available on record - It was plaintiff who attacked sale deed, thus, burden was on plaintiff to have proved her case - However, First Appellate Court by..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint - Application filed after commencement of trial - Order allowing amendment is not sustainable without there being a finding that in spite of due diligence, the party could not introduce amendment before commencement of trial - Order allowing amendment set aside...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Documents sought to be produced by defendant pertained to transaction of brokerage between parties - However, relationship between plaintiff and defendant pertaining to brokerage is admitted in view of averments made in plaint - Documents were not relevant for controversy/subject matter of suit - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief clause allowed to be amended - No occasion to grant fresh opportunity to lead evidence to defendant to the amended plaint and moreso no such right was asserted by defendant during pendency of suit...........
