Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
Agreement to sell -- Specific performance - Earlier ex parte decree granted in favour of plaintiff set aside - Defendant no.2 was impleaded as party on account of subsequent sale deed but defendants had not contested the case - Trial Court again proceeded ex parte against defendants and cancelled the sale deed executed in favour of defendant no.2 and directed specific..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction can be filed on basis of records of right but a suit can also be maintained on basis of possessory title atleast against a third person...........
Agreement to sell -- Direction to register sale deed after passing of decree of specific performance - Decree cannot be held to be unexecutable merely for the reason that suit for partition is pending between coparceners - Moreover, registration of sale deed would not affect right or share of any of other coparceners - Applicant is also a party to suit for partition and..........
Agreement to sell -- Specific performance - Readiness and willingness - Non production of pass book and/or bank account to prove of having cash and/or amount and/or sufficient funds/means to pay balance sale consideration - Unless plaintiff was called upon to produce pass book either by defendant or Court orders him to do so, no adverse inference can be drawn...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Not maintainable, as suit property was in possession of defendants at the time of filing suit...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Agreement to sell - Suit for injunction filed before the target date - After the target date amendment of plaint sought claiming relief of specific performance - Suit for specific performance cannot be said to be barred by the principle of O.2.R.2 CPC - Suit..........
Agreement to sell -- Specific performance - Plea that while taking loan from plaintiff some blank papers were signed - No document on record to show of taking loan - Contention rightly rejected...........
Agreement to sell -- Specific performance - Once there is finding of fact on record that agreement in question has been proved on basis of evidence which has come on record and plaintiff has completed his part of agreement to sell, plaintiff has a right to seek specific performance of agreement to sell - Relief of specific performance rightly granted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration - Matter of Court fee is between plaintiff and Court and in case at the time of final adjudication if Court fees is found to be deficit, plaintiff can always be asked to make good the Court fees - Trial Court committed error by treating suit in question for..........
