Civil Procedure Code, 1908, Order 3, Rule 4 -- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common - Moreover, defendant not chosen..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Plaintiff cannot be compelled to implead a person in suit for specific performance against his wish, more particularly with respect to a person against whom no relief is claimed by him - Applicant/subsequent purchaser cannot be impleaded as a defendant in..........
Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Commercial dealing between parties - Summary suit for recovery filed during pendency of prosecution under N.I Act, which was subsequently unconditionally withdrawn - Plaintiff had option to institute a summary suit at very inception of dispute, but it consciously..........
Agreement to sell -- Specific performance - Delay in filing suit - So long as a suit for specific performance is filed within period of limitation, delay cannot be put against the plaintiff...........
Agreement to sell -- Specific performance - Property valued at Rs.6 lakhs agreed to be sold for Rs.3.65 lakhs - It is open for the parties to negotiate the said price upwards or downwards - Nothing can be derived from the erroneous assumption that a valuable property had been sold at a throwaway price...........
Agreement to sell -- Specific performance - Time essence of contract - Clauses in agreement in the nature of reciprocal promises - Promise made by seller in clause 5 has to be performed first that title documents have to be obtained from mortgagee after mortgage is cleared - It is only then balance consideration for sale has to be paid - Time thus, was not essence of..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Supreme Court vide its order prohibits any building activity leave alone building construction at the suit premises in question - However, no specific direction was passed as to status of structure that was in existence on the date of judgment and whether that structure be..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Defendant nos.3 to 5 specifically stated in their written statement that they are having 1/4th share in suit property - Suit dismissed - Defendants can be said to be aggrieved by judgment and decree passed by trial Court dismissing suit for partition - Appeal at the instance of defendants is maintainable -..........
Agreement to sell -- Specific performance - Plea of undue hardship - Plea not raised in written statement - Such plea thus, cannot be permitted to be raised now before Supreme Court in appeal...........
