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saran kumar (na)     06 April 2014

New argument in appeal

  1. A has got into sales deed agreement with B.
  2. B did not have enough money, could not pay A for getting sales deed done.
  3. B bought credit, drawn DDs, filled a suit that A is not comming for registration, than with drew DDs.
  4. A did not rise asking about the source of income of B in the court.
  5. Court passes decree in favour of B.
  6. A appealed
  7. CAN A ASK B TO ESTABLISH SOURCE OF INCOME IN APPEAL COURT .

Thanks in advance.



Learning

 6 Replies

shanmugam lakshmanan (senior)     06 April 2014

No. crucial issue of readyness & willingness proved in suit. Borrowal loan proves B's ability to mobilis the fund. That will do for specific performance of agreement. 

cyberlawyer (barrister)     06 April 2014

^^ agreed...

Shantilal Pandya ( Advocate)     07 April 2014

I agree  with other experts and submit that a plea which  is not taken earlier  is constructively  barred by resjudicata.you can consider Explanation  4 to section 11 of the code of civil procedure.

saran kumar (na)     09 April 2014

Hello sir,

i the above case both the parties came to settle the matter out of the court (now case is in the appeal court) i.e, got in to a new agreement of sales deed in which

1) B has to cancel the appeal before 1 month.

2)A has to pay B in three months and get he sale deed registered by B.

If B withdraws appeal from the appeal court can A be able to approach lower court and ask the court to execute its decree which was stayed by appeal court ?

if yes how can B secure his bona fides?

saran kumar (na)     09 April 2014

Hello sir,

i the above case both the parties came to settle the matter out of the court (now case is in the appeal court) i.e, got in to a new agreement of sales deed in which

1) B has to cancel the appeal before 1 month.

2)A has to pay B in three months and get he sale deed registered by B.

If B withdraws appeal from the appeal court can A be able to approach lower court and ask the court to execute its decree which was stayed by appeal court ?

if yes how can B secure his bona fides?

shanmugam lakshmanan (senior)     11 April 2014

Withdrawal of Appeal not necessary. Both of you can enter into a compromise decree in appellate curt itself and terms of compromise will bind both parties. Good wishes.


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