Church of Christ Charitable Trust & Educational Charitable Society v. Ponniamman (2012) 8 SCC 706-A
Specific Relief Act, 1963
Ss. 9, 10, 15 and 19 - Suit for specific performance of agreement to sell immovable property - Maintainability of - Privity
of contract between plaintiff and defendant - Cardinal necessity of - Buyer S (D-2) entering into under agreement for sale
(Deed 1) with appellant owner of property as seller (Deed 1) which never culminated in sale and was validly terminated -
Thereafter S entering into further agreement for sale (Deed 2) of same property to R-1 herein - Deed 1 had been validly
terminated prior to Deed 2 being entered into - R-1 filing suit for specific performance of Deed 2 against appellant as D-1,
and S as D-2 - S had entered into Deed 2 on basis of registered power of attorney (PoA) executed in favour of S by
appellant owner of property - But said PoA had been executed for limited purpose of permitting S to represent appellant
before statutory authorities to obtain various clearances for sale under Deed 1 - Said PoA also validly revoked before
Deed 2 entered into - Held, trial court rightly rejected plaint against appellant under Or. 7 R. 11(a) CPC for not disclosing
any cause of action against appellant, as there was no privity of contract between plaintiff (R-1) and appellant (D-1) as
there was no subsisting contract between them - Furthermore, S (D-2) had no authority under the said PoA to enter into
any sale agreement on behalf of appellant (D-1) - [Ed.: Furthermore, neither appellant D-1 nor plaintiff R-1 fell under any
class of person under Ss. 15 and 19, SRA, 1963], (2012) 8 SCC 706-A
Civil Procedure Code, 1908
Or. 7 Rr. 14(1) & (2) and 11(a) - Documents on which cause of action based, not produced - Rejection of plaint for non-
disclosure of cause of action - Permissibility - Plaintiff must aver clearly facts necessary to enable him to obtain decree
and must produce documents on which cause of action is based - In case of suit for specific performance of agreement
of sale of property, where cause of action was based on registered deed of power of attorney, same or registered copy
thereof must be produced - Same not having been produced, held, plaint rightly rejected, (2012) 8 SCC 706-B
Civil Procedure Code, 1908
Or. 7 Rr. 11(d) & 6 and Appendix A, Forms 47 and 48 - Application for rejection of plaint due to bar of suit by any law -
Suit for specific performance of agreement of sale of property - In view of Forms 47 and 48 of Appendix A, which are
statutory in nature, date of the agreement must be mentioned - If date is one which attracts bar of limitation, plaint must
conform to Or. 7 R. 6 and specifically plead ground on which condonation of bar of limitation is claimed, (2012) 8 SCC
706-C
Civil Procedure Code, 1908
Or. 7 R. 11 and Or. 1 Rr. 3 & 4 - Rejection of plaint as a whole in respect of one only of the defendants - Permissibility -
Held, rejection permissible where defendant sought rejection of plaint as a whole for non-disclosure of cause of action or
non-fulfilment of statutory requirements, (2012) 8 SCC 706-D
Civil Procedure Code, 1908
Or. 7 R. 11 and Or. 1 Rr. 3, 4, 9 & 10 - Rejection of plaint in respect of one of the defendants even before registration of
plaint - Necessity to hear other defendants - Held, other defendants need not necessarily be heard as their rights remain
unaffected, (2012) 8 SCC 706-E
Power of Attorney
For executing agreement of sale or sale - Must expressly authorise agent i.e. PoA holder to present document before
Registrar and admit execution of document before Registrar, (2012) 8 SCC 706-F
Power of Attorney
Should be strictly construed, (2012) 8 SCC 706-G
Power of Attorney
Rights of power-of-attorney holder - Strictly governed by terms contained in deed of power of attorney, (2012) 8 SCC
706-H
Civil Procedure Code, 1908
Or. 7 R. 11(a) and Or. 10 - Rejection of plaint - Whether plaint discloses cause of action - Court must scrutinise
averments made in plaint - Averments in written statement not relevant - If averments in plaint do not disclose clear right
or material basis to sue and only create illusion of cause of action by clever drafting, court should reject plaint at first
hearing under Or. 10, (2012) 8 SCC 706-I
Civil Procedure Code, 1908
Or. 7 R. 11 - Power to reject plaint - Held, can be exercised at any stage of the suit i.e. before registering plaint or after
issuance of summons to defendants or at any time before conclusion of trial, (2012) 8 SCC 706-J
Civil Procedure Code, 1908
Or. 7 R. 11(a) and S. 20 - ``Cause of action'' - Meaning - Reiterated, (2012) 8 SCC 706-K
Civil Procedure Code, 1908
Or. 7 R. 11 and Or. 1 R. 9 - Application for rejection of plaint - Necessary party to - Who is - Party against whom no
relief claimed, reiterated, is not a necessary party - Suit filed for specific performance of agreement for sale of property
filed by respondent against owner (appellant-first defendant) and his holder of limited power of attorney (second
defendant) - Application filed by appellant under Or. 7 R. 11 for rejection of plaint - Held, second defendant not a
necessary party in the application, (2012) 8 SCC 706-L
Civil Procedure Code, 1908
Or. 1 Rr. 9 and 10 - Non-joinder of necessary party - Objection regarding, cannot be permitted to be raised for the first
time before Supreme Court when same not resulted in failure of justice, although Supreme Court can implead a party on
application wherever necessary, (2012) 8 SCC 706-M
Civil Procedure Code, 1908
Or. 1 Rr. 9 and 3 - Non-joinder of necessary party as defendant - Objection regarding, should be taken before trial court
in order to provide opportunity to plaintiff to rectify the defect and only if even then plaintiff persists in not impleading the
party, consequences of non-joinder may follow, (2012) 8 SCC 706-
No comments:
Post a Comment