Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Object of provision is not to allow plaintiff an opportunity to commence trial afresh after he has failed to conduct suit with due diligence and care and to substantiate his case by evidence - However, very purpose of O.23 CPC is to prevent defeat of justice on technical grounds...........
Will -- Execution - Plaintiff proved that testator signed the Will on his own in a sound disposing state of mind understanding the nature of bequest - Though defendants have raised the question of coercion and undue influence, but they failed to establish the same - Will proved as required u/s 63 of Succession Act and S.68 of Evidence Act - Plaintiff, thus, entitled to..........
Evidence Act, 1872, Section 58, 61, Transfer of Property Act, 1882, Section 60, Registration Act, 1908, Section 17 -- Mortgage - Candid admission by defendant with regard to execution of mortgage deed - Non registration of mortgage deed after affixing proper stamp duty has no effect on the suit for redemption of mortgage filed by plaintiff...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Examination of handwriting expert to rebut the report of expert examined in defence - Plaintiff had knowledge of stand of defendant from the very inception - Having failed to lead its evidence in affirmative and in rebuttal, plaintiff cannot be allowed to rebut the defence evidence by way of additional..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for compensation/damages - There is no objective standard available which can help in determining the amount of compensation - Compensation is subject to variance based on quality of evidence to be led before Court - In such nature of things, valuation put by plaintiff is..........
Will -- Proof of - Execution of Will in favour of defendant by testator is not proved on record, as evidence led by defendant is totally shaky and Will proved to be fabricated one - Will surrounded by suspicious circumstances and defendant failed to dispel said circumstances - On the other hand it is clear from oral and documentary evidence that both the parties were..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Mortgage suit - Once a person comes to Court with a positive stand that document No.4 was only a memorandum of deposit of title deeds post facto, it is not open to Court below to return the plaint on the presumption that there was no valid mortgage deed - Validity of mortgage deed is completely different..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Plaintiffs proved execution of agreement to sell - Defendant No.1 admitted his signatures on agreement - Plea taken by defendant that his signatures were obtained by husband of plaintiff by undue influence and misrepresentation of facts not supported by cogent evidence - Valid execution of..........
Evidence Act, 1872, Section 101, 102, 114 -- Burden of proof - Encroachment upon land of plaintiff by defendant - Burden to prove the fact that defendant encroached upon suit land was on plaintiff - It was not for the defendant to prove that he has not encroached upon the land of plaintiff - Defendant was not required to lead negative evidence - If plaintiff failed to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for permanent and mandatory injunction - Restraining defendant from blocking and locking common passage, entrance gate and bathroom at ground floor of suit property - Plaintiff by means of her title documents proved that she purchased basement/lower ground floor, right in common..........
