Court notice
Sashi Kumar
(Querist) 23 May 2015
This query is : Resolved
A Plaintiff (second party) filed suit for money recovery. The notice filed in court has one of the clause of the sale agreement altered. Below is the original clause & the altered clause by the plaintiff.
HERE IS THE ORIGINAL CLAUSE FROM THE SALE AGREEMENT:
In case the first party backs out from this transaction, then the first party shall be liable to refund double amount of earnest money to the second party and in case the second party backs out from this transaction, then his paid amount of earnest money shall be forfeited by the first party.
HERE IS THE SAME CLAUSE MENTIONED IN THE COURT NOTICE - SEE LAST LINE WHICH WAS ADDED BY PLAINTIFF:
In case the first party backs out from this transaction, then the first party shall be liable to refund double amount of earnest money to the second party and in case the second party backs out from this transaction, then his paid amount of earnest money shall be forfeited by the first party. The second party shall have right to Specific performance through court of law.
Can this be used against the plaintiff for misguiding the court and defrauding the defendant?
Is this considered as criminal act?
How can we use this against the plaintiff.
Jeetender Gupta
(Expert) 23 May 2015
The line "added" as per you doesn't need any addition otherwise. All the parties always have right to specific performance through court of law in any case, irrespective of mention. However a copy of agreement must be filed in court, if it varies from original it could be a ground for complaint.
P. Venu
(Expert) 23 May 2015
Is this alleged alteration is noticed in the Notice or the pleading (suit)?
Devajyoti Barman
(Expert) 23 May 2015
If there is forgery done with regard to the sale agreement , you can file application for the same in the same court u/s 340 crpc.
malipeddi jaggarao
(Expert) 23 May 2015
Material alteration by one of the parties - you can file application as suggested by Expert Sri Devajyoti Barman. As regards alleged additional clause, the effect is one and the same either with or without that clause.
Dr J C Vashista
(Expert) 23 May 2015
There is nothing so serious about the altered clause as the amended clause is clarification of legal position with respect to one of the remedy available (through legal process).
I do not find any thing where the second party has mentioned (specified) in the agreement (if it has been done with the consent of the other party). There is no illegality which constitute any offence of cheating and defrauding.
What is the opinion, advise and guidance of your lawyer? Consult.
Biswanath Roy
(Expert) 23 May 2015
Addition made by the plaintiff does not affect the suit otherwise or the pleadings related to. Notice is mearly a process wherin any unusual addition can be ignored.
Sashi Kumar
(Querist) 23 May 2015
This Sale Agreement was Unregistered and I have read in one of your post that Specific Performance is Not allowed on Unregistered Sale Agreement.
If that is true, will the court still ignore that addition made by plaintiff.
Biswanath Roy
(Expert) 23 May 2015
According to Sale of Goods Act a sale can be made following three preconditions, namely,-
(a) There must be an agreement of Sale either orally or in writing;
(b) Movement of goods from one chattel to another chattel;
(c) Payment of valuable consideration of goods;
Therefore, if agreement in question is not registered its material existence neither can be denied nor can be ignored so right for specific performance cannot be overruled. Addition of a superfluous obligatory comment without prior sanction of the court shall always be ignored.
T. Kalaiselvan, Advocate
(Expert) 26 May 2015
The unregistered sale agreement no doubt is not tenable as per the latest decisions of Apex court, however you may file one and seek alternate relief of refund of the consideration amount given treating this unregistered sale agreement as a receipt for the money received.
