Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction - Second suit for cancellation of sale deed alleging it to be void - Propriety of sale deed not challenged in the earlier suit though it was alleged that sale deed is a void document - There is absolute relinquishment of right on part of plaintiff to put a..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21(1) -- Proviso - Impleadment of a party - Suit by tenant u/s 6 Specific Relief Act - Impleadment of new tenant - Non-impleadment of new tenant within statutory period prescribed u/s 6 of Specific Relief Act, was due to bona fide mistake and because of lack of plaintiff's knowledge about the fact..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Abatement of appeal - Death of plaintiff - Copy of intimation of death of plaintiff as submitted by his counsel was not served upon counsel for appellants - No material to suggest that fact of death of plaintiff before first appellate Court was mentioned in order sheet of appeal - Finding of abatement recorded by appellate..........
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..........
