jains
(Querist) 18 February 2019
This query is : Resolved
In a suit for specific performance of a sale agreement for selling a land property, without appointing a guardian for the defendant who is unsound, the suit is decreed for specific performance even though the information regarding the unsoundness of the defendant was intimated to the court. No opportunity was afforded to the defendant to be defended with the help of a guardian. Whether this will amounts to apparent error in the judgement which entitles to invoke review jurisdiction?
Guest
(Expert) 19 February 2019
Has the defendant been proved unsound clinically and proof submitted before the court? Mere information given to the court has no relevance, as the court cannot be expected to go beyond the proof and facts adduced before it.
However, background of entering in to agreement for sale is necessary to be described elaborately before expecting any appropriate opinion of the experts.
Dr J C Vashista
(Expert) 20 February 2019
What are the documents produced to prove "unsoundness" of defendants ? What is the advise of your lawyer, if you are not a student ?
jains
(Querist) 03 March 2019
she is treated by local as well as medical college for unsoundness. Medical certificates available. But which are not produced before court.
Guest
(Expert) 04 March 2019
Court believes in evidence, if produced before it, not that which is kept in your custody.
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