Specific Performance - Plaintiff filed suit for injunction anf filed petition for leave to file a comprehensive suit of specific performance at later stage on the same cause of action and it was "Permitted" - No party can reserve main relief, on account of payment of heavy court fee and file a suit for consequential relief, reserving main relief, under O.2 R.2 CPC Not legally maintainable,
Citation
2015(2) CTC 129
2015(2) MWN (civil) 531
2015-1-L.W. 790
IN THE HIGH COURT OF JUDICATURE AT MADRAS
09-01-2015/C.R.P (PD).No.2850 of 2013 and M.P.No.1 of 2013 S.Tamilvanan, J.
R.Chendilvel. ...Petitioner
VS
G.Damodaran & others. ...Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India, against the order, dated 11.01.2013 made in I.A. No.711 of 2013 in O.S.No.329 of 2013 on the file of the XVIII Assistant Judge, City Civil Court, Chennai.
C.P.C., Order 2, Rule 2, comprehensive relief, claiming of, leave obtaining of, Specific performance/Agreement to sell, injunction, suit maintainable, for, whether
Tamil Nadu Court Fees and Suits Valuation Act (1955), Section 27(c), Injunction suit maintainability,
Constitution of India, Article 227, leave to sue, grant of, challenge to.
MoU was selling the suit schedule property for Rs.4,40,00,000/- - Without filing a suit, seeking specific performance or for return of alleged advance amount, the suit was filed seeking permanent injunction, stating a notional value at Rs.1,000/- In order to avoid, paying proper court fee I.A. was filed seeking leave to file a comprehensive suit of specific performance at later stage on the same cause of action and it was "Permitted" - whether proper.
Plaintiff has claimed right, based on an agreement of sale - Main relief could be seeking specific performance of agreement for sale - No party can reserve main relief, on account of payment of heavy court fee and file a suit for consequential relief, reserving main relief, under O.2 R.2 CPC Not legally maintainable, as per Order 2 Rule 2.
Comments
Post a Comment