Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Mahabir Prasad Son of late Ram Singaran Singh – Appellant
Versus
Mostt. Dhamuniya Devi W/o Sri Bhagwan Singh – Respondent
| Table of Content |
|---|
| 1. second appeals challenge appellate framing of unpleaded issues. (Para 1 , 2 , 3 , 4) |
| 2. disputed sale agreement for land with rs.500 advance. (Para 5 , 6) |
| 3. trial court decrees specific performance upholding agreement. (Para 7 , 8 , 9 , 10) |
| 4. appellate court reverses for non-compliance with s.16(1)(c). (Para 11) |
| 5. appellate courts cannot decide beyond pleadings. (Para 12) |
| 6. mandatory plaint averment of readiness under form 47. (Para 13) |
| 7. plaintiff must prove continuous readiness for specific performance. (Para 14 , 15 , 16) |
| 8. omission to frame issue not vitiating if parties aware. (Para 17) |
| 9. discretionary relief denied due to hardship and price rise. (Para 18 , 19 , 20) |
| 10. appellate decree affirmed; second appeals dismissed. (Para 21 , 22 , 23) |
JUDGMENT :
Heard Mr. Din Bandhu Singh, learned counsel for the appellant assisted by Mr. Satyadeo Kumar and Mr. Yogendra Prasad, learned counsel for the respondents in both the appeals.
2. Both Second Appeal have been filed under Section 100 of the Code of Civil Procedure (hereinafter read as “CPC”) by the appellant/respondent/plaintiffs against the judgment dated 16.04.1992 and decree dated 20.04.1992 passed by learned Ad
Specific performance requires plaint averment and proof of plaintiff's continuous readiness and willingness to perform contract; appellate court may enforce mandatory provision suo motu; discretionar....
In a suit for specific performance, the plaintiff must prove readiness and willingness to perform the contract, which was not established in this case.
The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
Plaintiff must prove continuous readiness and willingness to perform contract for specific performance; mere assertion is insufficient.
The plaintiff must prove continuous readiness and willingness to perform a contract for specific performance; mere possession or improvements do not suffice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
