CIVIL PROCEDURE CODE - HOMEWORK 3

NAME: M.CHANDANA (2018109)

SUKHBIR SINGH & ORS. V. BRIJ PAL SINGH & ORS.

(1997) 2 SCC 200

Bench: K. Ramaswamy, G.B. Pattanaik

1. What are the other issues that the Court can frame?

 Whether the essential facts constituting the ingredients in Section 16 (1) (c) of the Act were
pleaded and that found mentioned in the said Forms do in substance point to those facts.

2. If the respondent failed to appear before the sub-registrar, due to unforeseen

circumstance, on the given date, is it a negative fact to prove their pleadings?

No, the respondent must not be made liable if they fail to appear before the sub-registrar due
to unforeseen circumstance as it is something that is beyond their control, like an emergency.
As the parties in this circumstances don’t particularly have the intention to not to appear
before the sub-registrar they must be exempted if the judge is satisfied with their reasons.

3. Mere presence at the sub-registrar’s office is sufficient to prove the intention and
capacity of the party. Discuss.

The fact they attended the Sub-Registrar's office to have the sale deed executed and waited
for the petitioners to attend the office of the Sub-Registrar proves that they had necessary
funds to pass on consideration and had the required money. It is sufficient for the respondents
to establish that they had the capacity to pay the consideration rather than to acyually pay the
consideration. The same has also been held in the case of A. Kanthamani v. Nasreen Ahmed
(2017) 4 SCC 654.