agreement of sale.
Yamalapalli Haribob
(Querist) 13 October 2013
This query is : Resolved
whether agreement of sale can be ammended to rectify the boundries in a suit for specific prrformance which is pendind.
Veeresh Naik
(Expert) 13 October 2013
Rectification can be carried out directly in the Deed only with consent of both the parties to the deed. As it appears that you are asking for specific performance against the vendor then, you will to ask the said prayer in the suit itself.
R.K Nanda
(Expert) 13 October 2013
agreement of sale cannot be amended in pending SP case and instead amend the plaint and prayer clause of plaint by filing amendment application in court.
Raj Kumar Makkad
(Expert) 13 October 2013
If consent to amend the agreement arises between the litigating parties then what is the relevance of the litigation itself?
The amendment in the sale agreement depends upon mutual consent of both parties to the agreement only.
Devajyoti Barman
(Expert) 13 October 2013
Yes, always of course with consent of both of you.
Rajendra K Goyal
(Expert) 14 October 2013
Agreement can be amended with the concent of both.
If the case is in court plaint and prayer clause can be amended with the permission of the court.
Raj Kumar Makkad
(Expert) 14 October 2013
Court can never permit to amend the terms of the agreement and mutual consent cannot be directed by any court of law.