Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Defendant denied the execution of promissory note and plea taken that it was forged - Plaintiff discharged his burden by examining one of attestor in the pronote as PW2 and examining scribe of pronote as PW3 - Court compared the signatures on pronote with signature of defendant on suit summons and came to..........
Suit for possession -- Plea of adverse possession taken by defendant not proved - Plaintiff being owner of suit land is entitled for relief of possession...........
Suit for possession -- Limitation - Plaintiff has sought relief of possession on the basis of title - Until and unless, defendant is not able to prove her adverse possession, suit of plaintiff for possession is within limitation, as no limitation is prescribed for seeking possession on the basis of title...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a previous suit was dismissed for non-appearance of plaintiff, subsequent suit was to be seen from the pleadings of the parties in the earlier suit and plaint cannot be rejected U.O.7.R.11 CPC by considering the averments of defendant raised in his written statement and his documents...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property in question is the absolute property of one `G' and she died intestate and thereafter her legal heirs got divided the property - Said property becomes the separate property and during the lifetime of father of plaintiffs, plaintiffs cannot seek relief of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff leased out the suit property to defendant no.1 and also empowered him to lease out the same to second defendant for the purpose of putting up a retail outlet - No case is made out that defendants intended to sub-lease the suit property to any other third party - While the plaintiff consented for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Admission made by witnesses of defendant that defendant owns and is staying in a house close to suit property is sufficient proof that defendant was not in possession of suit property and is not residing in the property - Concurrent findings of Courts below that plaintiff is in..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction of Court - Cause of action - Recovery suit for money - Contract for hiring the machinery was offered by plaintiff from place `N', its acceptance and fact that cheques were encashed through plaintiff's banker at place `N', would itself amount to part of cause of action arising at place `N' within jurisdiction of trial..........
Agreement to sell -- Specific performance - Plea of joint ownership - Defendants admitted the execution of a contract of sale in written statement which is signed by defendant no.2 later on - No documentary evidence is produced on record to show that they are entitled to share in the suit property by succession - Merely stating that it is ancestral property of father is..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of LRs - Sole defendant was not alive on the date of institution of suit - Plaintiff came to know about the death of sole defendant only when memo was filed - Mistake was bonafide one made in good faith by impleading a deceased defendant in the suit originally instituted - Delay in filing application for..........
