Punjabi Bagh, New Delhi.
.....................DEFENDANT
Suit filed on :- 28.05.1996
Judgment Reserved on :- 19.11.2024
Date of decision :- 28.11.2024
SUIT FOR RECTIFICATION OF SALE DEED
JUDGMENT ... institute the present suit since no cause of action was
subsisting in favour of the plaintiff for filing a suit for
rectification of a registered
suit? (OPP)
2. Whether the suit of the plaintiff is not maintainable in
the present form and the plaintiff is entitled to the
rectification ... purview and the civil courts have the jurisdiction to
try the suit for rectification of the Trust Deed. It is also
pleaded by the plaintiff
Asahi Ropes Pvt. Ltd vs Siby Mining And Infrastructure Pvt. Ltd on 28 August, 2025
suit. In our view, the suit shall remain a suit for
specific performance of the contract for sale and a
separate independent suit ... Plaintiff is seeking
the specific Performance of the suit property without seeking the
Rectification of said Agreement dated 21st August, 2006.
The perusal
suggestion that he claims
50% share in the suit property only on the basis of this rectification. He
was further confronted with the sale deed ... said Suit by the Babu Ram. DW1 again said,
Babu Ram had also disclosed in that Suit that one Rectification Deed
was also executed
Suits no. 17285/16 and 17284/16
Parveen Kumar Vs. Anoop Rastogi and Anr. and Pinki Devi Vs. Parveen
3
Suit For Rectification Of Sale ... true intention of the parties, it becomes fatal
to a suit for rectification. Thirdly, the evidence relating to
mistake common to both the parties must
Suits no. 17285/16 and 17284/16
Parveen Kumar Vs. Anoop Rastogi and Anr. and Pinki Devi Vs. Parveen
3
Suit For Rectification Of Sale ... true intention of the parties, it becomes fatal
to a suit for rectification. Thirdly, the evidence relating to
mistake common to both the parties must
plaint? OPP
vii. Relief.
6. After the filing of the present suit, a rectification deed
dated 21.08.2024 was executed by S. Jaswant Singh in
favour ... property and as such, after filing of the present suit a
rectification deed was executed on 21.08.2014. During
the lifetime, S. Jaswant Singh had never
rectification application was pending before the Trademark
Registry and the said rectification application is still pending
before the Trademark Registry.
(b) That, the present suit ... replaced by High court) for
rectification of the register. The suit is stayed once rectification proceedings
commence. The suit is revived only when the proceedings
suit property.
17. It is further stated that under these circumstances,
plaintiffs sought legal advice. It was advised to them that a suit
for rectification ... plaintiffs are left with no
option but to file the present suit for rectification of the sale
deed dated 24.08.2011.
19. In para
