Back
UMESH A. TRIVEDI
Pravinchandra Harilal Selar – Appellant
Versus
Vinodchandra Harilal Selar – Respondent
JUDGMENT :
1. Since both these petitions by the petitioners-original plaintiff nos.1 and 2 separately are filed challenging the very same order dated 30.08.2014 passed below Exhs.1 and 515 rendered in Special Civil Suit No.627 of 1988 by the 9th Additional Senior Civil Judge, Surat, it is proposed to be dealt with and disposed of by this common order.
2. The petitioner of Special Civil Application No.18344 of 2014 – Pravinchandra Harilal Selar is original plaintiff no.1 and petitioner of Special Civil Application No.15002 of 2014 – Vinodchandra Harilal Selar is original plaintiff no.2 in Special Civil Suit No.627 of 1988.
3. As coming out from the plaint, initially plaintiff nos.1 and 2 filed a suit against defendant – Chunilal Bhulabhai Patel, who is respondent no.28 herein in both the petitions. However, there are several amendments whereby defendants have been added and joined as parties as also plaintiffs to the suit. Initially plaintiffs i.e. petitioners of both these petitions filed the aforesaid suit for specific performance of agreement to sale in respect of the suit property filed against Chunilal Bhulabhai Patel, the only defendant. Later on, both the petitioners – original
The main legal point established in the judgment is that the plaintiff has an unqualified right to withdraw the suit unconditionally, and the defendant's objection to the withdrawal amounted to a mis....
Point of law : Applicants have been able to make out more than a prima facie case for grant of leave to appeal. The applicants could be said to be prima facie prejudicially affected by the consent de....
(1) Appeal – A stranger cannot be permitted to file appeal in any proceedings unless he satisfies court that he falls with category of aggrieved persons.(2) Appeal – Expression ‘person aggrieved’ doe....
Withdrawal of a suit with permission to file a fresh suit negates the bar under Order II Rule 2, allowing claims for specific performance on the same cause of action.
Subsequent suit barred under Order II Rule 2(3) CPC if on same cause of action as withdrawn prior suit, omitting reliefs without leave; plaint rejectable under Order VII Rule 11 if averments disclose....
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
