Agreement Of Sale Suit For Specific Performance

Agreement Genre
wrzesień 9, 2021
Agreement To Loan Money To A Friend
wrzesień 10, 2021

As noted above, a decree relating to the specific performance of a contract may be obtained against a person claimed under the claimant and the property acquired under the contract. It is indisputable that such a transfer to the subsequent purchaser is subject to the rider provided for in section 52 of the Transfer of Ownership Act and the interim order adopted by the court. [5] Section 10. Specific service with regard to contracts. – The specific performance of a task shall be imposed by the court, subject to the provisions of paragraphs 11, 2, 14 and 16(3). In the light of the above, it is proposed to eliminate the greater discretion of the courts in the award of a given service and to make the specific performance of the contract a general rule of exception, which makes certain limited grounds subject. 12.4) If an applicant applies for indictment as an ordinary party, subject to prescription, Bonfides, etc., the court will normally charge him or her if he or she is considered to be a party in good and due form. On the other hand, where a non-party makes a claim for enforcement as a party in good and the court finds that he is a party in good and due form, the court may order his addition as a defendant; However, if the Court finds that its addition alters the nature of the action or introduces a new plea, it may dismiss the action even if it is considered to be an ordinary party if it does not wish to extend the scope of the action in question; or the Tribunal may order that applicant to be challenged as an ordinary party, either unconditionally or subject to conditions. In other words, the court has the discretion to admit or dismiss a claim by a person who claims to be a party in good standing, based on the facts and circumstances, and no person has the right to insist that he or she is charged as a party simply because he or she is a good party. `38. Before that Court, the question referred to Durga Prasad against Deep Chand was to know what form of decree should be adopted in the event of actual performance of the contract, where the defendant, that is to say, the owner of the action, was sold to another person and it was subsequently seised of a decree ordering the contractual transfer of ownership to the applicant.

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