CIVIL PROCEDURE

2019(4) MLJ 691 (TRJ)

First Appellate Court finding that Ex. A1 was without plan, suo motu visited record room
and perused records – whether court could examine document not before it, in private and
without making it subject to scrutiny by counsels of either side – Findings and perused and
considered by him only, held perverse, illogical and irrational and not lawfully determined –
matter remitted back to.

2019(4) MLJ 691 (TRJ)

Restoration of suit – for permanent injunction restraining landlord from forcibly evicting
them without due process of law – Landlord filed counter claim for relief of delivery of
vacant possession – Suit dismissed for default and exparte order passed in counter claim –
Applications for setting aside exparte order and dismissal order dismissed, however, Lower
appellate court restored entire suit and remanded matter for fresh trial, hence this appeal.
– Held, Sit already dismissed for default and tenant had not filed any appeal against that
order and order became final – Appeal filed before Lower Appellate court was only against
counter claim – Lower appellate court ought to have discussed correctness of order in
respect of counter claim only.

CONTRACT
2019(4) MLJ 4 (TRJ)
Specific performance – Readiness and willingness – agreement – three months time, sale
deed should be executed, or plaintiff cold settle amount of loan and approach Court for
execution of sale deed by deposting balance consideration – Main intention of entering into
agreement of sale was only to settle dues, which Defendants owe to bank only to settle
dues, which Defendants owe to bank – As plaintiff failed to discharge debt within stipulated
period of three months Defendants were not bound by terms of agreement