Specific performance
basavaraj shiromani
(Querist) 21 December 2013
This query is : Resolved
Mr X has filed a suit for specific performance of contract on the basis of styled agreement of sale on a paper by afixing a 20 paise on it. The document is of the year 1989. In the year 2012 he filed a suit for specific performance suit against the defendant. As the said document was unregistered, the Plaintiff filed an application to pay the deficit court fee and penalty. But the lower court come to the conclusion that the document is not at all an agreement deed and dismissed the application. thereafter the plaintiff freferred a WP before the High Court,but the same is dismissed. Subsequently, the defendant filed the said order of the HC along with a memo with prayer to dismiss the suit as there is no agreement deed and therefore the suit is not maintainable. but the lower court now posted for evidence of the plaintiff.
When the court comes to the conclusion that the document relied by the plaintiff is not an agreement deed, then what purpose the evidence of the plaintiff is required ? whether issued are to be recasted ? what will be the position of defendant?
ajay sethi
(Expert) 21 December 2013
if plaintiff has filed suit and written staement filed court will have to frame issues . only after evidence is tendered will court pass judgement on basis of evidence on record . the issues must have been framed based on suit filed and defences raised in WS .
BAALASUBRAMANNYAMM
(Expert) 21 December 2013
agreed with Mr. Ajay Sethi. The court is following procedure, finally the suit may be dismissed.
R.K Nanda
(Expert) 21 December 2013
court will pass order based on evidence and
arguments of parties.
