In a suit for specific performance of a sale agreement, the suit was disposed of because the matter was settled via a filed memo. The plaintiff was awarded a refund of the entire court fee with reliance on a prior judgment.
Suit disposed of in terms of the settlement memo; entire court fee refunded to the plaintiff.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.01.2017
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.741 of 2011
E.K.Rajan
.. Plaintiff
Versus
.. Defendants
The plaint is filed and numbered as Civil Suit under Order IV Rule 1 of Madras High Court Original Side Rules r/w Order VII Rule 1 of Code of Civil Procedure, praying for a judgment and decree:
For Plaintiff : Mr.R.Selvakumar For Defendants : No Appearance
2
JUDGMENT
The matter has been settled between the parties and a memo has
been filed by the plaintiff in this regard. Recording the said memo, the suit is disposed of in terms of the memo. The memo filed shall form part of the decree.
2. The learned counsel for the plaintiff has relied on a judgment in the case of Venkatachalam and others vs. Sengoda Gounder and others, reported in 2014 (6) CTC 216, and seeks for refund of the entire Court fee paid on the plaint. Accordingly, the entire court fee is directed to be refunded to the plaintiff.
05.01.2017
Index: Yes/No Internet:Yes/No pvs
3
N.Sathish Kumar, J., pvs
C.S.No.741 of 2011
05.01.2017
Colour shows how this judgement treated each authority
Venkatachalam and others vs. Sengoda Gounder and othersReferred¶2
2014 (6) CTC 216
2 provisions across 2 enactments
V. Natarajan
N. Indirani
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
N. Sathish Kumar
Parties & counsel
