Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Revenue entries -- Once red ink entries regarding corrections in Khasra showing possession of plaintiff are suspicious, based on fraud and forgery, recordings in the name of plaintiff are irrelevant...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment filed u/s 151 CPC also - Amendment in execution application was necessary since correction in the judgment and decree of trial Court had been done so as include khasra No.465, which could not be incorporated inadvertently, though, it was subject matter..........
Easement -- Suit for right of easement of necessity - Whether appellant and other in his family handed over khasra number through which disputed passage is sought, that is a matter to be seen by trial Court by way of evidence and to thereafter determine as to whether a right of an easement of necessity exists in favour of petitioner or not - Directions issued...........
Civil Procedure Code, 1908, Section 152, 151, 153 -- Correction of typographical mistake in plaint, judgment and decree - Error crept in plaint regarding wrong khasra numbers and resultantly suit of plaintiffs decreed - Court has power to correct arithmetic and clerical mistake in judgment and decree u/ss 151, 152, 153 CPC - Trial Court directed to carry out necessary..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Both parties are owners of their respective adjoining khasra numbers - Encroachment by way of construction - Both parties would vacate the land if found encroaching in each others land - However, as petitioner is 108 years old, trial Court directed to ensure that revenue..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Correction of khasra numbers - Amendment sought would not change the nature and ambit of suit - Rather it would help trial Court for proper adjudication of lis - Amendment allowed...........
Possession -- Correction of khasra girdawari made during pendency of suit regarding possession is not sufficient to hold that defendants are in possession of suit land...........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Decree passed - Wrong Khasra numbers mentioned - Amendment of plaint and correction in judgment and decree - If plaint involved some omission, the same can be rectified just to advance the real spirit of the lis between the parties on all equitable legal considerations - Order allowing amendment of plaint and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad-interim mandatory injunction - Against defendants for unlocking suit premises - Plaintiff purchased suit property 6 months prior to institution of suit in auction conducted by Bank under SARFAESI Act - He is also in possession of suit property, constituted undisputed and uncontested status thereof -..........