Specific performance sec 15 and 19 issue
amol
(Querist) 15 February 2014
This query is : Resolved
Sirs
I was a developer my Development agreement was illegally /purportedly terminated by Society and society illegally appointed another developer.
Suit was filed for seeking various decalrations and for specific performance of contract of performance of Development agreement by society with me i.e. Developer
initially when the suit was filed the BMC was not a party to the suit but Mhada was.
inspite of issuing legal notice and objections IOD was issued illegally to new developer by BMC.
A writ was filed in the High court against the BMC and its officers challenging issue of IOD to new developer seeking main prayer therein hearing was not given and cancelling IOD issued to new builder.
But the said writ was withdrawn by previous lawyer by seeking a liberty to file a notice of motion in above suit knowingly that BMC was not made as a party in the suit.
the above all are the facts now the Question is
whether in view of sec sec 19 and 15 of Specific relief act and Judgement in 2008 of A Kabir in Bharat_Karsondas_Thakkar_vs_M-S_Kiran_Construction_Co._&_Or in a suit for specific performance of contract i can make a BMC as party to the suit by moving a chamber summons in view of the liberty sought while withdrawing the aforesaid writ petition
please answer. this is a very vital question ? can BMC and Chief Engineer and Ex Engineer be made as a party now in a suit for specific performance to seek injunction against them and to cancel IOD and CC and PLan ??????
amol
(Querist) 15 February 2014
I am within limitation period.
or am i required to file a separate suit against the BMC by issuing a notice u/s 527 BMC Act
please suggest the appropriate remedy and also explain the issue of res judicata will apply or not in view of liberty sought while withdrawing writ
Raj Kumar Makkad
(Expert) 16 February 2014
When your earlier suit has already been withdrawn, no question arises to revive it rather you are now free to file fresh suit impleaing all parties you intend.
amol
(Querist) 01 March 2014
Sir
it was not the Suit which was withdrawn but a Writ petition filed for cancellations of IOD and seeking personal hearing before BMC.
