Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff cannot be permitted to join any party as a defendant who may not be necessary and/or proper party at all on the ground that plaintiff is dominus litus...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - Revocation of license is subject matter of respective suits - Plaintiff by way of amendment want to challenge mortgages/charges on entire premises created by defendant - Original plaintiffs being licensee are aware that there shall be charges/mortgages on entire premises, now..........
Agreement to Sell -- Specific performance - Readiness and willingness - Plaintiff has to plead and prove availability of sufficient funds - If plaintiff does not have sufficient funds with him then plaintiff has to specifically plead how the funds would be available to him - To cite an example, plaintiff may aver and prove, by adducing evidence, an arrangement with a..........
Agreement to Sell -- Specific performance - Readiness and willingness - In a suit for specific performance of an agreement, it is for plaintiff to prove his readiness and willingness to perform his obligations under agreement...........
Agreement to Sell -- Specific performance - Readiness and willingness - To determine readiness and willingness of plaintiff, Court has to consider the conduct of plaintiff prior and subsequent to filing the suit for specific performance...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff deposited balance sale consideration in Court after seven years after the date by which the sale had to be concluded - No evidence led by plaintiff how he was in a position to pay or make arrangements for payment of balance sale consideration within time - Careful study of balance sheet of..........
Agreement to Sell -- Specific performance - Readiness and willingness - For relief of specific performance, plaintiff has to prove that all along and till final decision of suit, he was ready and willing to perform his part of contract...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case, balance of convenience and irreparable loss were in favour of plaintiff - But despite that trial Court permitted non-applicant to sell suit property or part thereof and/or to create third party rights in suit property - Order of trial Court is found to be arbitrary and capricious..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of documents - Application for issuing the direction to Bank to produce relevant loan documents - However, plaintiff no.1 was not subjected to any cross-examination by defendant on this aspect - Even, prima facie trial Court observes that loan was sanctioned by Bank in favour of plaintiff no.2 - Application..........
