Law: Contract Act (IX of 1872)

Section: 2(e)

  Contract Act (IX of 1872)--- ----S. 2(e)---"Agreement"---Connotation---Transaction between parties whether agreement---Agreement has been defined as every promise and every set of promises, forming consideration for each other---Agreement to sell executed between parties complied with the conditions given in definition of agreement so also property in question. Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), 0.1, R.8---Suit for specific performance of contract and for recovery of damages representative capacity-- Application for permission to file suit in representative capacity ---Non-prosecution                          of                           such application---Effect---Agreement to sell executed by plaintiffs on behalf of their ' Jamat' an unregistered body---Suit was filed by four members of ' Jamat' who had signed agreement in question and had also signed plaint---Suit though purportedly filed on behalf of Jamat could not be regarded as representative suit in term of 0.1, R.8, C.P.C.---Plaintiff had filed application under O.I, R.8, C.P.C. for permission to sue in representative capacity but same was dismissed for non-prosecution---Plaintiffs, thereafter, made no effort to seek permission of Court and to follow procedure prescribed under law---Plaintiff's suit, therefore, could not be treated as representative suit---Plaintiffs, however, having signed agreement in   question and having filed suit, had authority/power to institute such suit. Contract Act (IX of 1872)--- ----S. 51---Performance of reciprocal promises by parties to agreement by specified date---Defendant claimed that plaintiffs had not sufficient funds at their disposal so they themselves were at fault in non-performance of their part of agreement---Plaintiff failed to prove existence of enough funds for payment of balance amount to finalise sale-deed and failed…