Civil procedure code sec.47
sudhirghabasu
(Querist) 26 March 2017
This query is : Open
sir, best wishes to you all. this Sudhir adv. from chennai. in a specific performance suit i am for the defendant. the defendant entered into an sale agreement with the plaintiff on 20.06.20007. paid an advance of rs.100000/- sale consideration is Rs.451000/- issues legal notice on 29.10.2017 i.e., after the expiry of the sale agreement. sale agreement expires on 20.09.2017. Plaintiff filed suit for specific performance insisting to execute the sale deed. In the mean time on 10.09.2008 the Defendant executed sale deed in favour of another person.
1. The Plaintiff had issued a legal notice after a lapse of one month period from the date of expiry of the sale agreement. whether such legal notice is valid.
2. time is the essence of contract, whether the rule is applicable to this case or not.
3. now the suit is decreed in favour of the plaintiff.
4. execution petition is filed an pending. Now i am going to file a section 47 application.
though i searched i was not able to find any relevant judgments in favour of my case. So i need your help.
Thanking you with regards
sudhir
