Specific performance suit
sridhar pasumarthy
(Querist) 08 January 2012
This query is : Resolved
Respected Experts,
A suit for specific performance of agreement to sell is filed by the vendee before the time stipulated for balance sale consideration is expired.
Such a premature suit is maintainable under law?
Pls provide citations in any in that regard.
Devajyoti Barman
(Expert) 08 January 2012
When ylu himself admit that suit to be pre matured then how could it be a possible?
To file a suit, the plaintiff needs cause of action , not his whims or wish.
ajay sethi
(Expert) 08 January 2012
not maintanable . time for making payment under agreement has not expired
Rajeev Kumar
(Expert) 08 January 2012
Yes it is not maintainable becaue time for making payment under agreement has not expired
Sailesh Kumar Shah
(Expert) 08 January 2012
Dear Mr.Sridhar
You should read again replies of Ld.Experts.
Raj Kumar Makkad
(Expert) 08 January 2012
Such suit is liable to be dismissed being ore-mature. You shall have to wait for the date of registration of sale deed and shall have to follow entire process as envisaged to deal with such matter for the registration and shall have to establish the unwillingness of the other party for the execution of the sale deed.
prabhakar singh
(Expert) 08 January 2012
Read order ORDER IV
INSTITUTION OF SUITS
1. Suit to be commenced by plaint
(1) Every suit shall be instituted by presenting a 1[plaint in duplicate to the Court] or such officer as it appoints in this behalf.
(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are applicable.
2[(3) The plaint shall not be deemed to by duly instituted unless it complies with the requirements specified in sub-rules (1) and (2).]
1. Subs, by Act No. 46 of 1999 section 14 (w.e.f. 1-7-2002) for "plaint to the court".
2. Added by Act No. 46 of 1999 section 14 (w.e.f. 1-7-2002).
Read also order ORDER VII Rule 11
11. Rejection of plaint
The plaint shall be rejected in the following cases:—
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law;
1[(e) where it is not filed in duplicate;
3[(f) where the plaintiff fails to comply with the provisions of rule 9];
2[Provided that the time fixed by the Court for the correction of the valuation or supplying of the requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that refusal to extend such time would cause grave injustice to the plaintiff.]
Sushil Sharma
(Expert) 08 January 2012
satisfactory ans. given by the ld. experts
M V Gupta
(Expert) 09 January 2012
The relevant provisions are cited by Shri Prbhakarji.
