2015 AIR CC 292 (BOM) ::2014 (6) AIR Bom R 558 ::(2016) 1 CivLJ 36 ::(2015) 3 CivilCourtC 26 ::(2015) 2 AllMR 9 (BOM) ::(2015) 1 Bom CR 753 ::(2015) 2 ICC 951 ::(2015) 2 Mah LJ 850 ::(2015) 3 CurCC 330

Bombay High Court

Hon'ble Judge(s): Mohit S. Shah, C. J., M. S. Sonak , JJ

( A ) Civil Procedure Code (5 of 1908) O. 1 , R. 10, O. 6, R. 17 — Amendment of pleadings — In suit for specific performance of contract — Plaintiff by proposed amendment seeking to implead subsequent purchaser of suit property — At this stage averment that subsequent purchaser is not bona fide purchaser would be sufficient — Any material or evidence for establishing that subsequent purchaser is not bona fide purchaser not required to be produced at stage when leave for impleadment and consequential amendment is sought. (Paras34)

( B ) Specific Relief Act (47 of 1963) S. 19 (h)— Specific performance of contract — Suit for — Protection to subsequent purchaser who purchased suit property in good faith without notice of original contract — Onus of proof of good faith is upon subsequent purchaser who takes plea that he is innocent or bona fide purchaser for value and without notice. Evidence Act (1 of 1872), S. 101. (Paras35)