applications for amendment.
17. The applications filed by the respondent/plaintiff for amendment
of the plaint to include the relief of specific performance as well ... District Court, Thiruvallur and therefore,
the applications for amendment to include the relief of specific performance
specific performance. Under Article 54 of the Limitation Act , there is a specific bar and the period for filing the suit for specific performance ... relief of Specific Performance in the suit which it filed when it had cause of action to sue for Specific Performance as relinquishment of that
learned learned District Judge, Villupuram, has denied the relief of specific performance to the appellant/plaintiff and granted the alternative relief of refund ... specific performance?
5)Whether the suit agreement is legally inadmissible in evidence since it was not registered, in view of the amendment
learned Principal District Judge, Villupuram, has denied the relief of specific
performance to the appellant/plaintiff and granted the alternative relief of
refund ... Whether the plaintiff is entitled to a decree
for specific performance as prayed for?
2)Whether the suit as framed is not
maintainable?
3)Whether
held as follows_
Even though the prayer for amendment to include the relief of specific performance was made about 11 years after the filing ... that an application for amendment filed 7 years after the filing of the suit to include the plea of specific performance, would defeat the valuable
para-8)
'Thus, the ingredients which would attract
specific performance of the part of the contract are; (i) if
a party to an agreement ... other party to an agreement
must, in a suit for such specific performance, either pay
or has paid the whole of the agreed amount
specific performance of a contract for the transfer of the immovable property. That has to be done where the circumstances demanding the relief for specific ... relief for specific performance of the contract of sale. Besides, the proviso to sub-section (2) of section 22 provides for amendment of the plaint
suit vitally affects the valuable rights of the
appellant. The order allowing amendment
of plaint by impleading respondent No.3 as
"Plaintiff ... allowing of such application after 27 years
of filing suit for specific performance
would cause serious prejudice to the
http://www.judis
Nlc Tamilnadu Power Limited vs Http://Www.Judis.Nic.In on 26 November, 2018
Author
proper form of decree is to direct specific performance of the contract between the vendor and the prior transferee and direct the subsequent transferee ... Specific Relief Act which enacts a rule of pleading provides that a person in a suit for specific performance of a contract for the transfer
