suit for specific performance, even if the agreement
is insufficiently stamped but if admitted in evidence, no objection
or amendment can be permitted ... legal provisions of the Stamps Act in the suit for specific
performance, the amendment allowed by the learned trial court
was quite necessary and essential
relief for specific performance of the contract of sale. It is, therefore, abundantly clear that ordinarily the relief for specific performance of a contract implies ... specific performance clearly implies a decree for possession also that is the relief of possession is inherent in the relief of specific performance
parties, by judgment and decree dated 11.11.1985 upheld the decree for specific performance of the contract but modified the decree and set aside the decree ... defendant's application for amendment was wrongly rejected. Whereas in a suit for specific performance of the contract, the question of title
application in the aforesaid suit for
amendment in the suit of injunction seeking relief of specific
performance but the said application was dismissed
specific performance, that is, whether a stranger to an agreement for sale can be added as a party in a suit for specific performance ... written statement necessitated the amendment in the plaint. Though the suit for specific performance can not be permitted to be converted into the suit
Ramswaroop Son Of Chhotu Ram Jangid vs Raghuraj Son Of Bhawani Singh Rajput on 18
amendment in the
facts wherein the learned trial Judge found that the verbal
agreement based upon which the suit for specific performance was
filed could ... that in a suit filed for
mandatory injunction, amendment seeking to introduce the relief
of specific performance after expiry of period of limitation
period of
limitation for filing the suit for specific performance that the
plaintiff applied for amendment of the plaint and in these
circumstances, the amendment ... view that in the absence
of the defendants traversing the plaintiffs' specific plea of
their being ready and willing to perform their part
Bhandari in absence of any contract between them, decree for specific performance in their favour is illegal, he placed reliance upon Mool Chand ... Prasad against the defendant Mool Chand for specific performance of the contract. By way of an amendment application, the plaintiff Jagdish Prasad pleaded that
decree in favour of the
plaintiff in a suit for specific performance of an
agreement to sale, the decree will be of no
consequence ... application for amendment
(emphasis mine), the Court can grant the
relief of recovery of possession once the
suit is decreed for specific performance.
These aspects
