<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2018 (6) TMI 1864 - GUJARAT HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=463026</link>
    <description>A plaint for specific performance was liable to rejection under Order 7 Rule 11 CPC because it did not disclose an enforceable cause of action against defendants No. 1 and 2. The agreement to sell was pleaded to have been executed by defendant No. 3 as power of attorney holder of the original owner, but the pleadings showed the donor had died in 1997. On that footing, the suit property had already devolved on defendants No. 1 and 2, and defendant No. 3 lacked subsisting authority to bind them or execute the agreement. The rejection of the plaint was upheld and the appeal failed.</description>
    <language>en-us</language>
    <pubDate>Thu, 21 Jun 2018 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 01 Aug 2025 22:57:52 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=840334" rel="self" type="application/rss+xml"/>
    <item>
      <title>2018 (6) TMI 1864 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=463026</link>
      <description>A plaint for specific performance was liable to rejection under Order 7 Rule 11 CPC because it did not disclose an enforceable cause of action against defendants No. 1 and 2. The agreement to sell was pleaded to have been executed by defendant No. 3 as power of attorney holder of the original owner, but the pleadings showed the donor had died in 1997. On that footing, the suit property had already devolved on defendants No. 1 and 2, and defendant No. 3 lacked subsisting authority to bind them or execute the agreement. The rejection of the plaint was upheld and the appeal failed.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 21 Jun 2018 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=463026</guid>
    </item>
  </channel>
</rss>