Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration of ownership - Defendant filed application for directing plaintiff to get her DNA test conducted - Parties have led evidence in support of their respective stands taken in Court - Defendant cannot compel plaintiff to adduce evidence in support of case set up by defendant - Moreover, defendant failed to make..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit - Plaintiff failed to assign any reason for grant of leave to withdraw suit with liberty to file fresh suit - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff has been found in possession of suit property that too in lawful possession being adopted son of original owner - Said finding of fact recorded by first appellate Court after appreciation of evidence - No interference warranted in said findings - Suit rightly decreed in..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Scope of proceedings u/s 6 of the Act is summary in nature and limited to find out question of dispossession of plaintiff within a period of six months prior to institution of suit ignoring question of title...........
Specific Relief Act, 1963, Section 6 -- Dispossession - Plaintiff himself pleaded issue of his title in order to prove his possession - When claim of possession of plaintiff is based on title, Court has not travelled beyond the scope of S.6 of the Act in framing issue of title and making an inquiry about title of plaintiff - Plaintiff failed to prove his possession over..........
Partition suit -- Land in question was partitioned between four brothers of father-in-law of plaintiff - Plaintiff categorically stated that her father-in-law was owner of property and even PW2 also deposed to the same - Defendant no.1 failed to prove that land was gifted to him - He held such property as Karta of Joint Family property fallen to share of his deceased..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Suit for possession and mandatory injunction -- Plaintiff failed to show from record that it has any right, title or interest in suit land - There is no title deed or revenue record forthcoming - Plaintiff thus, cannot seek possession or seek mandatory injunction against defendants qua same - More so, plaintiff has also not been able to show how suit was maintainable in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from carrying out construction over suit land - Plaintiff inherited the suit property along with defendant - Suit land is not partitioned - Construction over suit property will cause injury to plaintiffs right as co-sharer - Prima facie case is thus, in favour of plaintiff - In..........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
