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IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV
Sanjeev Kumar – Appellant
Versus
Rajiv Malhotra – Respondent
JUDGEMENT :
PURUSHAINDRA KUMAR KAURAV, J.
I.A. 3028/2025 (by D-1 for dismissal of suit) in CS(OS) 276/2024
1. The applicant in the instant application prays for the following relief:-
“i) frame a preliminary issue regarding maintainability of the present Suit and decide the said preliminary issue in favour of Defendant No.1 in accordance with the submissions made in the present Application and dismiss the present Suit being not maintainable in the eyes of law, in the interest of justice.”
2. Heard learned counsel appearing on behalf of the parties.
3. Learned counsel for the applicant submits that the instant suit is not properly valued and that the plaintiff has no case to seek the reliefs prayed in the captioned suit. He submits that on various grounds as have been enumerated in the application, the instant suit deserves to be rejected.
4. According to him, the application has consciously been filed under Section 151 of Code of Civil Procedure, 1908 (CPC), so that the Court may,in exercise of its inherent powers, consider all the facts and circumstances relevant to the instant application and pass appropriate orders.
5. The aforesaid contentions are vehemently opposed by learned counse
In a suit for specific performance, claims for Court Fees are based on the consideration for the parts of the contract claimed, even if the agreement is unregistered.
A unilateral cancellation of a registered agreement of sale is invalid; the cause of action based on subsequent knowledge and payments keeps the suit within limitation.
(1) Registration of document is not sine qua non for receiving the same as evidence of a contract in a suit for specific performance.(2) Plaintiff can very well make alternative prayer in a suit for ....
The plea of bar under Order II Rule 2 CPC prohibits a second suit for specific performance if based on the same cause of action previously omitted, and the suit is also barred by limitation under Art....
A suit for specific performance must be valued based on the agreement's consideration, and clever drafting cannot obscure the true nature of the relief sought.
A plaintiff can seek both specific performance and alternative relief for refund in a single suit; jurisdiction is based on the higher relief's valuation under the A.P. Civil Courts Act.
The main legal point established in the judgment is that the correct payment of court fee in a suit must be determined in accordance with settled legal principles and the specific provisions of the C....
An unregistered document can be admitted as evidence in a suit for specific performance to show a contract between the parties, and the plaintiff's continuous readiness and willingness to perform the....
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