Agreement to sell -- Termination - Suit for specific performance - Where agreement was terminated by seller, there should be a prayer for declaration that termination of agreement for sale is bad in law, or that it does not bind plaintiff and in absence of such a prayer, suit filed for specific performance will not be maintainable...........
Agreement to sell -- Specific performance - Plaintiff was always ready and willing to perform his part of contract and same could not be performed due to default of defendants alone - Plea of defendant that value of property has increased considerably and as such granting a decree for specific performance will give unjust enrichment to plaintiff, not tenable, as breach..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti-suit injunction - Court can issue anti-suit injunction despite the fact that other party had resorted to legal proceedings outside India...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC can be exercised at any stage of suit, before registering plaint or after issuing summons to defendant or at any time before conclusion of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Whether plaintiff is signatory to agreement and whether plaintiff handed over physical possession of land in question to defendants, is a question of fact which cannot be gone in while considering application for rejection of plaint - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Objection that suit is barred by S.41 of Specific Relief Act can very well be considered by trial Court at an appropriate stage - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Application for restoration was filed within time stipulated by law - There was no delay on the part of petitioner to apply for restoration of suit - Reasons for default in appearance of petitioner were mainly due to fault of his lawyer - It would not be proper to make..........
Commercial Courts Act, 2015, Section 2(1)(c)(vii), 2(1)(i), 12 -- Commercial dispute - Merely because suit shop is being used for carrying out business or trade, suit for eviction from suit shop would not fall within definition of commercial dispute of specified value...........
Specific Relief Act, 1963, Section 38, 34 -- Suit for injunction simplicter - Maintainability - Defendants raised a serious title dispute and there is a cloud on title of plaintiffs - Documentary evidence produced by plaintiffs could not prove their possession over suit property as on date of suit - Suit for injunction simpliciter is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Advocate Commissioner can be appointed in a suit for perpetual injunction only where there is a serious dispute pertaining to boundaries or identity of property...........
