Keeping Pace with Legal Change
In order to enforce the rule that a defendant must first establish a right against the plaintiff before any incidental claims against co-defendants can be entertained, the Court also cited Rajul Mano Shah v. Rajeshwari Rasiklal Sheth [(2025) 10 SCR 152].
The more recent the Supreme Court decision of the case of Krishan Gopal vs. Gurmeet Kaur (Dead)b), Through LRs.,& Ors.…
The apex court explained the principles of law as laid down under Order I Rule 10(2) CPC that a bona fide purchaser is a proper party in an action of specific performance admittedly in impleadment. This verdict supports the discretionary power of the judiciary in the weighting of procedural fairness.
This abstract explores court fee structures for suits of attachment and specific performance suits under Sections 39 and 40 of the Rajasthan Court Fees and Suits Valuation Act, 1961. Section 39 provides for suits for attachment before judgment, charging fees according to property value or amount claimed, for fair cost allocation. Section 40 deals with specific performance suits, setting fees in relation to contract value or relief claimed, based on case stakes. These provisions enable access to justice by correlating fees with magnitude of disputes
