VIMLESH KUMARI KULSHRESTHA versus SAMBHAJIRAO AND ANR.

VIMLESH KUMARI KULSHRESTHA versus SAMBHAJIRAO AND ANR.

Order XXIII Rule 1 CPC was not applicable as the second suit was filed before withdrawal of the first suit, and the conduct and order indicated implied permission. The agreement was uncertain as to the description of property, and specific performance could not be granted.

Parties
Appellant: Vimlesh Kumari Kulshrestha; Respondent: Sambhajirao; Respondent: Second Respondent
Jurisdiction
India
Judgment Date
05 February 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Interpretation of Agreements, Code of Civil Procedure
Civil Law Specific Performance Interpretation of Agreements Code of Civil Procedure

Case Brief

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Parties

Vimlesh Kumari Kulshrestha

Appellant

Sambhajirao

Respondent

Second Respondent

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Order XXIII Rule 1 CPC bars the second suit filed during the pendency of the first suit
  2. 2 Whether the agreement of sale was vague and uncertain for specific performance

Ratio Decidendi

Order XXIII Rule 1 CPC was not applicable as the second suit was filed before withdrawal of the first suit, and the conduct and order indicated implied permission. The agreement was uncertain as to the description of property, and specific performance could not be granted.

Court Disposition

Appeal dismissed