Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the stage of rebuttal evidence - Suit for mandatory injunction - Amendment sought for substitution of mandatory injunction with word possession - It was more of a clarificatory nature and that plaintiff shall not lead any further evidence - Nature of suit and relief sought would be same but only its..........
Agreement to sell -- Specific performance - Ready and willing - Suit filed after 5 years from the date of execution of agreement - No explanation offered by plaintiff for such period of five years - Plaintiff failed to prove his readiness and willingness to perform his part of contract throughout - Suit rightly dismissed...........
Punjab Pre-emption Act, 1913, Section 3 -- Right of pre-emption - Person seeking right to pre-empt sale deed must exhibit that his right to pre-empt sale deed existed on the date of sale deed, date of institution of suit and thereafter continued till date of passing of decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance and permanent injunction - Amendment sought to incorporate the fact that registered sale deed executed by defendant no.1 in favour of defendant no.2 is not binding on plaintiff and is null and void - Plaintiff not sought amendment within reasonable time despite defendants..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Defendants were not serious to pursue their cause and rather they were totally negligent - On account of non-appearance on three consecutive dates, ex-parte proceedings were drawn against defendants - Even, suit was not finally decided immediately and even thereafter..........
Agreement to sell -- Specific performance - Attesting witness to agreement to sell proved that amount was paid by plaintiff to defendant - Source of earnest money of Rs.10,31,000 is fully proved by plaintiff - Defendant led no evidence to rebut the testimony of attesting witness regarding earnest money having been paid in his presence - Suit rightly decreed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Agricultural land - Issue raised in plaint pertains to sale deed being voidable - Civil Court thus, had jurisdiction to try suit and bar created by S.207 of Rajasthan Tenancy Act had no application - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Un-stamped agreement to sell - Agreement to sell is neither registered nor sufficiently stamped - Said agreement to sell could not have been considered for any purpose for accepting plaintiff's case - However, when defendant has not denied execution of document, so also receipt of part of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subsequent suit instituted relates to same subject matter and dispute which was subject matter in earlier suit - Earlier suit had proceeded ex parte against predecessor-in-interest - Since subject matter in subsequent suit was the same as earlier suit which was been decreed - Subsequent suit is barred by res..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Misdescription of property - It is a fundamental defect rendering suit not maintainable - Court cannot enter into merits of case after holding of misdescription of property - First Appellate Court rightly held that observations of trial Court regarding title and possession of either of the parties would not operate as res..........
