Agreement to sell -- Specific performance - Agreement to sell duly proved - Plaintiff also proved that sale consideration of Rs.25 lakhs was paid by him to defendant as an advance consideration of sale agreement - Plaintiff was and is ready and willing to perform his part of contract and in furtherance thereto had issued a legal notice to defendant calling him to execute..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(d) -- Withdrawal of suit - Plaintiff can be permitted to withdraw suit with liberty to file afresh, only if, defects are found to be of form and not of substance...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(d) -- Withdrawal of suit - Suit for specific performance - Initially the claim of plaintiff was that suit land was owned and possessed by defendant exclusively - But in the application for withdrawal of suit plaintiff claimed that suit land is part of a bigger plot purchased in the names of plaintiff, defendant and their..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred U.O.9.R.9 CPC - Where previous suit has been dismissed in default for no, appearance of plaintiff, subsequent suit based on same cause of action is to be seen from pleadings of parties in earlier suit - From the averments of plaint itself all these facts are not clear - Plaint therefore,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties as co-plaintiffs - Where substantial relief sought for is against a dead person, applicants/third parties have no locus standi or legal right for seeking an order to implead them in suit and cannot raise a plea that plaint should not be rejected U.O.7.R.11(a), (d) CPC - Third parties, held, not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Plaintiff seeking cancellation of gift settlement deed and sale deed and also injunction, even though he is not party to any document - Court below without analyzing legal and factual situation and without assigning cogent reasons rejected proposal for amendment of pleadings - Order of rejection,..........
Agreement to sell -- Specific performance - Agreement of sale entered between plaintiffs and some of co-sharers who do not have absolute title to suit schedule property is not enforceable in law - Plaintiff not entitled to decree of specific performance. (Specific Relief Act, 1963, S.17)..........
Agreement to sell -- Specific performance - Sale consideration payable in instalments within the period stipulated in the agreement not paid - Held, plaintiff not entitled to decree of specific performance...........
Agreement to sell -- Specific performance - Dismissal of suit for specific performance - Order of trial Court restored whereby defendant was directed to refund the amount and advance sale consideration to the plaintiff's with interest at the rate of 12% with modification that defendant shall pay a sum of Rs.6,00,000/- to the plaintiffs as lump sum consideration within 3..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff had earlier filed a suit for injunction and an application for interim injunction which was dismissed on merits - Suit later on withdrawn with liberty to file afresh - Dismissal of application for injunction can have no bearing to a dismissal of suit on merits and that too after withdrawal of earlier suit..........
