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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PRANAY VERMA
Mohammed Arif – Appellant
Versus
Kamalabai – Respondent
ORDER :
PRANAY VERMA, J.
This petition under Article 227 of the Constitution of India has been preferred by the plaintiffs/petitioners being aggrieved by the order dated 27.08.2022 (Annexure P/23) passed in RCS A-22/2018 by the 20 District Judge, District Indore whereby while considering an application under Order 7 Rule 11 of the CPC preferred by defendants No.1, 6, 10, 11, 12, 13, 17, 18, 19 and 21 they have been granted an option to continue the suit in respect of one agreement to sale executed between the parties and to file six separate civil suits in respect of the other six agreements to sale for their specific performance.
02. As per the plaintiffs, the suit land bearing Survey No.507 area 3.015 hectare, Village Mundla Nayata, Tehsil and District Indore was held by the predecessors of defendants. After their death, the defendants became the owners of the same. The plaintiffs entered into seven seperate registered agreement to sale with the defendants on different dates for purchasing their undivided and unidentified respective shares in the suit land. The total consideration of all the agreements was Rs.2,71,00,000/- out of which a sum of Rs.2,64,00,000/- was paid by way of ea
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 court clarified the application of Section 10 of CPC, emphasizing that only substantively identical issues warrant a stay to prevent parallel proceedings.
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....
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
Order 1 Rule 10 CPC casts duty upon court to ensure impleadment and deletion of party, which may or may not be necessary for adjudication of case.
![C. Mani [Died] VS K. Sampath - 2023 Supreme(Mad) 1045](https://supremetoday-s3.b-cdn.net/Madras_3.png)
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
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