Specific Relief Act, 1963, Section 38 -- Suit for injunction - Suit of plaintiff shall stand or fall on its own merits - Weakness of defendant cannot be a ground or factor for allowing the suit...........
Agreement to sell -- Specific performance - Defendant not denied the execution of agreement but stated that same was executed by defendant at the time when he was not in his proper senses owing to old age - Defendant opted to appear through his special power of attorney (SPA) and himself remained absent - Special power of attorney admitted that his grandfather/defendant..........
Evidence Act, 1872, Section 101, 102, 103 -- Plaintiff to prove his case by adducing cogent evidence and weakness of defendant is not a ground to allow plaintiff's suit...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration and recovery of possession - Burden in a suit is always on plaintiff to make out and establish clear case for grant of relief - Weakness, if any on part of defendant would not be a ground to grant relief in favour of plaintiff...........
Practice and procedure -- Plaintiff has to stand on his legs - Plaintiff cannot take advantage of the weakness of the case of defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering an application U.O.7.R.11 CPC, Court is not to look into strength or weakness of case of plaintiff or defence raised by defendant...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Admittedly, defendant did not appear in the witness box but since the plaintiff has failed to prove his case mere fact that defendant did not appear in the witness box is of no avail especially when his son who was acquainted with the facts of the case and was duly..........
Practice and procedure -- Plaintiff has to prove his case to the satisfaction of Court - He cannot succeed on the weakness of the case of defendant...........
Title suit -- Inability of defendant to prove his title - Weakness, if any, in defence of defendant, does not entitle plaintiff to get a decree in his favour...........
Practice and Procedure -- Plaintiff has to stand on his own legs and he cannot take the benefit of the weakness in the case of the defendant...........
