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DINESH KUMAR SHARMA
G And P Cornerstone Management Pvt. Ltd. – Appellant
Versus
Sharmila Nath – Respondent
JUDGMENT
DINESH KUMAR SHARMA, J.
I.A. 3411/2021
1. The present application has been filed under Order 2 rule 3 & 4 read with Section 151 CPC seeking permission to unite the cause of action against both the defendant and relief against both of them by filing a comprehensive suit.
2. The case of the plaintiff is that defendant No.1 who is the wife of defendant No.2 on the basis of General Power of Attorney executed an agreement to sale in respect of D-31, Ansal Villas, Satbari, Chhatarpur, New Delhi-110074 and the constructive possession of the property was given. However, simultaneously, the plaintiff executed a sale deed in favour of defendant No.2 i.e. the owner and husband of defendant No.1. The case of the plaintiff is that the defendants neither performed the specific performance of the contract nor have they handed over the possession in terms of the lease deed executed between the parties.
3. The present application has been moved on the ground that the sale transaction between the plaintiff and defendant No.1 and the lease deed executed between the plaintiff and defendant No.2 were executed simultaneously. It has been submitted that the relief sought in the present case arises o
The central legal point established in the judgment is the requirement for a common question of law and fact to unite causes of action against multiple defendants under Order II Rule 3 & 4 and Sectio....
The discretion of the Court in granting leave to file a separate suit on the same cause of action under Order II Rule 2 of CPC is upheld, and the failure to serve notice on the caveator does not rend....
The maintainability of a suit for specific performance is barred under Order 2 Rule 2 CPC if a plaintiff omits to claim it in an earlier suit concerning the same cause of action.
The cause of action of the earlier suit for permanent injunction has to furnish the cause to institute the subsequent suit for specific performance also, to hold that the latter is barred under Order....
An application for rejection of a plaint under Order 7 Rule 11 CPC must be decided solely based on the averments in the plaint. The court cannot consider the defendant's evidence or written statement....
Unregistered agreements do not confer rights in property; a valid title requires a registered sale deed under Section 54 of the Transfer of Property Act.
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