VIKAS MAHAJAN
Pawan Chaudhry – Appellant
Versus
Nimesh Jain – Respondent
JUDGMENT :
VIKAS MAHAJAN, J.
I.A. 10758/2023 (under Order VIII Rule 10 CPC by plaintiffs seeking pronouncement of judgment against the defendants)
1. The present suit has been filed seeking following relief:
a) Pass a decree in favor of the Plaintiffs and against the defendants declaring the fraudulent Agreement to Sell allegedly executed by the Plaintiffs in favor of Defendant No 2 dated 13.11.2006 as non-est/illegal, null and void;
b) Declare that the fraudulent Agreement to Sell allegedly executed by the Plaintiffs in favor of Defendant No 2 dated 13.11.2006, does not bind the Plaintiffs;
c) Pass a decree in favor of the Plaintiffs and against the defendants declaring the fraudulent Registered General Power of Attorney executed by the Plaintiffs in favor of Defendant No 2 dated 13.11.2006 as non-est/illegal, null and void;
d) Declare that the fraudulent Registered General Power of Attorney allegedly executed by the Plaintiffs in favor of Defendant No 2 dated 13.11.2006 does not bind the Plaintiffs;
e) Pass a decree in favor of the Plaintiffs and against the defendants declaring the fraudulent Agreement to Sell allegedly executed by Defendant No 2 in favour of Defendant No 1 dated 28.05.
Bogidhola T & Trading Company Ltd. vs. Heera Lal Somani: (2007) 14 SCC 606
Gapadibai vs State of Madhya Pradesh (1980) 2 SCC 327
Gujarat Maritime Board vs G.C. Pandya (2015) 12 SCC 403
Prem Singh & Ors vs Birbal & Ors (2006) 5 SCC 353
The court emphasized that a judgment cannot be granted solely based on the absence of a written statement; plaintiffs must prove their claims with evidence.
A court may decree a suit without a defendant's written statement if no contested issues exist in the plaint, but it must exercise discretion and ensure facts are clear and unimpeachable.
The main legal point established in the judgment is that the plaintiff must prove the execution of the agreement for specific performance, and the validity of a sale-deed executed by a power of attor....
Agreement to sell land barred by 10-year transfer prohibition after proprietary rights conferment is unenforceable for specific performance, but earnest money refundable with interest upon proof of p....
Defendant may introduce relevant facts in amended pleadings without violating prior statements or provisions, allowing trial progression without striking out.
The court held that a suit for declaration of ownership of property is not barred by Section 34 of the Specific Relief Act, 1963, if the plaintiff is able to prove that he/she was not dispossessed of....
The court allowed the defendants to file their written statement due to procedural irregularities and lack of awareness of non-filing.
The court held that procedural unfairness due to technical irregularities can justify allowing the filing of Written Statements after delays, emphasizing the importance of justice over procedural str....
Fraud vitiates all judicial acts; judgments obtained by fraud are null and void, as established in the Indian Contract Act, 1872.
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