Civil law
Swapnil
(Querist) 03 April 2012
This query is : Resolved
Hello sir,
My question is A agreed to sell his land to B and token amount was given to A but before sale deed A sold that land to C. SO B filed a case against A & C.
Decision was given in favor of B.
Now can A file a case against B & C for setting aside the order.
And in the same instance can C File case against A & B for setting aside the order.
Is it possible that A and C can file case separately against B For setting aside the sane order.
Kindly Guide me.
Thanks & Regards
Swapnil
Deepak Nair
(Expert) 03 April 2012
A and C can file an appeal against the order wither jointly or severaly.
Swapnil
(Querist) 03 April 2012
sir can you please tell me under which rule they can do so.
Thanks
Swapnil
dev kapoor
(Expert) 04 April 2012
What kind of suit did B file against A & C,in not known.'setting aside' is a term which is used in case the decision is 'ex parte'.
Presumably B ought to have filed a suit for (i) specific performance of agreemnent & (ii) declaring the sale deed as null & void.
If the suit is` deecided on merits-only appeal may be preferred;
If it is ex parte, either appeal lies or you can file application for setting aside ex parte order.Your qn is-
"Whether A can file a case against B & C for setting aside the order?"
Ans: A is the 'proposed vendor' in case of B.He can only file a suit for specific pewrformance of contract offering that is ready to sell land to B OR he can only file appeal if suit is `decided in favour od B(proposed vendee) & Nothing else.
Next qn is-
Q: "Whether C canfFile case against A & B for setting aside the order?"
Ans: C has no cause of action against B.He may file a suit for 'recovery of sale consideration,if paid' & allief relief.But you need to be more specific in such kind propositional qns.
A and/or C can certainly file separate appeals,if any, for setting aside the decision referred to in first part of your qn.
But, may I request you to be categorical & specific, without hidding facts,if you really want a perfect advice.Hypothetical qns sometimes are misleading.
M V Gupta
(Expert) 06 April 2012
Well answered by Mr. Dev Kapoor.
V R SHROFF
(Expert) 06 April 2012
Is it moot court PROBLEM : as u r STUDENT?
