Adverse possession -- Mere admission made by defendant cannot be considered to be proof positive of factum of adverse possession by plaintiff-Defendant's title to and ownership of property and plaintiff's possession thereof being hostile to such true owner be established. (Evidence Act, 1872, Act 65)..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission contained in balance sheet - Held, decree can be passed on the basis of admission in the balance sheet...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Decree for eviction on basis of compromise petition of parties - Terms of compromise containing admission of tenant as to existence of grounds on which eviction was sought - Decree is not nullity - Decree is executable...........
Evidence Act, 1872, Section 58 -- Pleadings when not denied is to be taken to be admitted - Even then Court may put a party to prove that fact otherwise than by admission implied or express...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Addition of a party - Collusive suit filed by son against father - Other son seeking to be added as a party - Cannot be said that applicant son is a necessary party and suit cannot be effectively decided in his absence - Admission of claim of the plaintiff by the defendant amounts to alienation made by father and the son has..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of admission - Point sought to be raised by way of amendment having material bearing on the point in controversy and if proved, would oust the jurisdiction of the Court - Amendment allowed subject to payment of costs...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- While allowing amendment of plaint Court observed that none of the parties would be entitled to lead any further evidence -Held, it does not mean a direction against admission of additional evidence even if a case It made out at a later stage...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed inspite of several adjournments - Does not amount to admission of plaintiff's case and does not ipso facto entitle plaintiff to get a decree without proof of his case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written state-ment - Withdrawal of admission - Having signed the written statement the defendant has no right to resile from the admission unless a case of fraud is made out - Defendant by amendment trying to make out a case totally inconsistent with his earlier pleading - Not entitled to do so...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Admission once made cannot be allowed to be withdrawn if it works adversely to the rights and interest of other party which right accrued by such admission...........
