Upgrad LLM

rejection of plaint-no cause of action-specific performance


I am facing a suit for specific performance of alleged ORAL AGREEMENT for purchase of my land, prayer is for Execution of SALE DEED of the land.

Plaintiff's notice, before suit, demanded FINALISATION OF AGREEMENT iwth allegation that I was neglecting to aprpove draft agreement sent by plaintiff with suggestions of illegal and immoral conditions. The notice DID NOT demand execution of SALE DEED of the land.

In my reply, I denied having received any Draft Agreement which as per terms of MOU, he was obliged to submit to me for my approval within one month, and Without Prejudice, offered to execute Sale Deed against full payment, and to sue him separately for loss of interest due to delay in payments. Also offered Arbitration if there was still any dispute.

Plaintiff's evidence is complete. Now defence evidence is to be cross examined by him. Plaintiff has been delaying the proceedings one way or the other.

Kindly advise if I can succeed in Rejecting Plaint by filng application under 7/11 on the ground that THERE IS NO CAUSE OF ACTION. It is because in his notice, he never demanded execution of sale deed, something that he is praying for from the court. Thus, he has filed suit for a remedy that has not been demanded from me.

Kindly advise. This can be quick way of case disposal which will invariably go into appeal, means another 10 yrs in MP High court, and during this process, it will be difficult for me to sell my property thanks to doctine of lis pendens.




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