Suit for specific performance
Is it mandatory for a Plaintiff to send a legal notice to the Defendant calling upon them to accept balance and execute sale deed?
The Defendant says he has not received the legal notices due to wrong address and telephone number.
Also the RAPD receipt produced by Plaintiff shows only the first name of the Defendant, a different address and acknowledgment signature is not his.
The RAPD/courier has the address of post box number only, who can acknowledge at post box?
Should the Plaintiff prove receipt by Defendant?
Rahul,
I believe it is a specific pleading requirement in a suit for specific performance as per Form 47 of the CPC
No. 47
Specific Performance (No. 1)
(Title)
A.B., the above-named plaintiff, states as follows:-
1. By an agreement dated the ...... day of ...... and signed by the defendant, he contracted to buy of [or sell to] the plaintiff certain immovable property therein described and referred to, for the sum of.......... rupees.
2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so.
3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice.
[As in paras 4 and 5 of Form No. 1.]
6. The plaintiff claims that the Court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property [or to accept a transfer and possession of the said property] and to pay the costs of the suit.
Yes the plaintiff should prove the receipt (burden of proof )....If the defendant has declined the receipt due to incorrect address then hasn't he accepted the claim???
If the defendant has declined the receipt due to incorrect address then hasn't he accepted the claim???
I don't understand your sentence above. The Defendant has claimed he has not received any notice.
The receipt has been adduced by the Plaintiffs which has been denied by the Defendant. The receipt shows that it was delivered to the wrong address and accepted by an unknown person.
Then first clarify me , On which address defendant received the suit suimmons?
Defendant never received Summons for notice of motion (for urgent reliefs and passing temporary injunction) in 2003
After passing ex-parte orders, the Defendant received the entire set of papers for suit mailed to her correct office address.
It was too late, her previous lawyer could not vacate injunction and the case is dragging on.
Truth will prevail even though it has been a very long and arduous journey for the defendant.
Our Network Sites
