Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Sale was to be completed within a period of six months from date of execution of agreement - Plaintiff had called upon defendant to perform his part of contract by issuing notices within six months of said agreement - However, defendant having failed to respond to any of said notices, it was..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- More than one plaintiffs - Death of one plaintiff - L.R's of decreased plaintiff not brought on record - Entire suit does not abate on death of one of the plaintiffs...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Permitted to file at the stage of defendant's evidence - Defendants were proceeded against ex parte twice over - No satisfactory reason assigned by defendants for delay in filing written statement - Only ground mentioned by trial Court while allowing application for filing written statement, is setting..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed on the ground that plaintiff was ill and undue influence was exercised by defendant - Plaintiff was not proved to be ill on the date of execution of sale deed as alleged - Doctors who had given prescriptions were never produced - None of brother of plaintiff had come in the witness box to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Theory of dominus litis cannot be overstretched in the matter of impleading of parties which results ineffective decrees being passed in absence of necessary parties or where theory is misused to deliberately obtain decrees against non-interested persons/officials and then use it to assert rights of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Injunction suit - Impleadment of persons related to trust need to be added as parties to suit in order to determine real interest of plaintiff as per findings of trial Court - Their presence is must to decide relief claimed by plaintiff in suit properties - Even, otherwise, it is discretion of Court..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Merely because plaintiff does not choose to implead a person is not sufficient for rejection of an application for being impleaded...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........
Will -- Proof of - Thumb mark of testator exists after written part of Will comes to an end - Both the attesting witnesses of Will have successfully withstood searching questions put by counsel representing plaintiff during cross-examination - Testator appeared before Registrar at the time of registration of Will - Photographs of testator along with witnesses and..........
