Indian Contract Act, 1872, Section 207, 208 -- Revocation of agency - Suit for declaration that sale deed is void ab initio - Plaintiff in terms of S.207 of the Act impliedly revoked the authority of defendant/agent and as required by S.208 of the Act, agent had knowledge of independent dealing with property by plaintiff - Revocation therefore, takes affect on 18.1.2008..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is applicable not only between plaintiff and defendants but also between co-defendants...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Co-defendants - In applying the principle of res judicata between co-defendants, primarily three conditions are necessary to be fulfilled namely: (a) there must be a conflict of interest between co-defendants; (b) there is necessity to decide the said conflict in order to give relief to plaintiff; and (iii) there is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier title suit dismissed without adjudication of any rights of plaintiff over suit land vis-a-vis cantonment Board - Issue in present title suit was neither directly or indirectly in issue in the previous suit and there was no conflict of interest between co-defendants in the previous suit, which if any, never..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff is claiming title and possession over suit land alleging that proprietor of village, had settled the suit land in his favour - It stands proved by Amin report and Hukumnama as well as the Rent receipt - Order of Additional Collector directing realization of rent from plaintiff also confirms..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Subsequent purchaser would be affected in the event of decree and it would be in his interest to be party to suit - Moreover, in a suit for specific performance, it is prerogative of plaintiff to implead subsequent purchaser being the dominus litus -..........
Agreement to sell -- Suit for specific performance - Order as to refund of Rs.18 lakhs - Advance sale consideration paid Rs.3 lakhs - Subsequent advance payment of Rs.15 lakhs - Proof of subsequent advance payment - Ordinarily, in an endorsement of payment of money, party signs first and witnesses put their signature below that endorsement - However, in the instant case..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Documents relied upon by plaintiff does not comes to aid of plaintiff to establish that he is in exclusive possession of suit property and unless possession is established, question of granting permanent injunction does not arise - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - In a suit for partition, each party is plaintiff and even if plaintiff is not proceeding with the suit, Court was required to proceed with the suit - Suit dismissed in the year 2016 having no legal or rational reason - Time passed is almost 8 years - Suit restored...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Civil suit dismissed on an application filed U.O.23.R.1 CPC, as plaintiff does not want to continue the proceedings - Parties have entered into an outside Court settlement and does not want indulgence from Court for outside Court settlement - In such..........
