Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Non-existence of arbitration agreement in relation to entire subject matter of suit - Except principle agreement none of agreements contained any arbitration clause even if they relate to same property - More so, substantive reliefs claimed in the suits fall outside the arbitration..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment seeks to add some more properties purchased by defendants out of joint family properties - Whether said properties are self acquired properties or joint family properties liable for partition can only be decided during course of trial - Merely because said..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Impleadment of State as party represented by Deputy Collector - Notice u/s 80 CPC was not issued before filing of suit - During pendency of suit, provision of S.80 CPC cannot be complied with - Application rightly dismissed...........
Agreement to sell -- Specific performance - Suit land was already acquired and possession is taken over by competent authority and award was passed - Civil Court thus, has no jurisdiction - Specific performance of contract was not possible - Order decreeing suit set aside - Matter remanded to trial Court...........
Adverse possession -- Once the title of property is held in favour of plaintiff in an earlier suit, in such circumstances, onus to prove acquisition by adverse possession lay on the defendant...........
Agreement to sell -- Specific performance - Plaintiff proved that he paid Rs.1,50,000 towards part sale consideration and executed the agreement and also paid a further sum of Rs.65,000 - However, defendants did not demarcate the suit property in terms of agreement of sale - Case of plaintiff was corroborated by PW2, who was present at the time of execution of agreement -..........
Agreement to sell -- Specific performance - Readiness and willingness - Time limit of six months is stipulated for demarcation of suit property before execution of sale deed by defendants - Burden was on defendants to perform the same - Plaintiff got issued a notice acknowledging the fact that time was essence of contract - There was no reply from defendants - Plaintiff..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Plaintiff sought transfer of case filed by him to try along with partition suit filed by defendants - Issues in both the suits are common, as dispute is in respect of un-registered Will - If both the suits are tried at different Courts, it may lead to conflicting judgments - Though Court cannot direct clubbing of..........
Will -- Suit for cancellation of Will - Will of a living person has no legal effect - There is no requirement to get same cancelled during lifetime of testator...........
Limitation Act, 1963, Article 113 -- Limitation - Suit for cancellation of Will - Cause of action for instituting suit accrued in favour of plaintiff on the death of testator - Suit filed within three years from the death of testator is within limitation...........
