Partition suit -- Settlement of dispute by mediation and conciliation - Courts are required to explore these methods for amicable settlement of family disputes...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Limitation Act, 1963, Section 3 -- Limitation - Even if plea of limitation is not set up as a defence, Court has to dismiss the suit if it is barred by limitation...........
Limitation Act, 1963, Article 5 -- Limitation - Suit for rendition of accounts - Period of limitation for filing suit for rendition of account is three years from the date of dissolution - Firm dissolved in the year of 1984 by virtue of death of a partner - Suit could only have been instituted within a period of three years from that event - Suit filed in the year 1996 is..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit - Entertaining an application for condonation of delay at the behest of a stranger who is not a party to proceedings is totally illegal and unsustainable in law...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for permanent injunction filed on 21.07.2003 and an order of injunction obtained on 28.07.2003 - As on 21.07.2003 doctrine of lis pendens would take its effect...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Release deed and sale deed executed during pendency of suit for permanent injunction and during operation of temporary injunction order - Subsequent purchasers will be bound by lis pendens and cannot claim they are bonafide purchasers for valuable consideration ...........
Civil Procedure Code, 1908, Order 20, Rule 14 -- Decree in pre-emption suit - Non-deposit of deficit amount - Balance amount to be deposited by appellant was not specified in the decree - Deficiency was only Rs.14 - Appellants had already deposited Rs.9200 including pre-emption amount - Predecessor-in-interest of appellants is in possession of property and mutation has..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - Civil Court is prohibited from entertaining any suit to vary or set aside any decision or order of Consolidation Court passed under the Act in respect of the matter for which proceedings could..........
