Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Judgment of High Court was sought on record by way of additional evidence by defendants, which was not part of record in civil Court - No prejudice is thus, caused to plaintiff by said judgment being permitted to be adduced as additional evidence - Application rightly allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and possession - Concurrent findings of two Courts partly decreeing suit of plaintiff - Courts below have considered the evidence and have affirmed the findings and Court in second appeal is not inclined to disturb the same merely on the asking of defendants even though another view..........
Evidence Act, 1872, Section 73 -- Comparison of signatures - Two contrary reports of finger print experts on record both by plaintiffs and defendants regarding consent decree which was challenged by plaintiff - It had been alleged that some bogus person had appeared on behalf of plaintiff - Case was thus, based on fraud - Opinion given by independent expert or from a..........
Transfer of Property Act, 1882, Section 63(c) -- Redemption of mortgage - Improvements made by mortgagee - Liability of mortgagor to pay for improvements - In the absence of any positive evidence of any improvement and cost incurred, defendants are not entitled to recover anything more than the mortgage amount...........
Partition suit -- Long standing entries recorded in 7/12 extracts and also instances of sale that had taken place between defendants - Said transactions were never objected by plaintiff - This silence on the part of plaintiff also speaks for itself and it could have been definitely taken as prima facie indication of previous partition - More so, plaintiff admitted that..........
Agreement to sell -- Specific performance - Agreement of sale was executed in 1980 - Issue with regard to price of land - Defendants never pleaded categorically as to what was price of land at the relevant time and he did not even establish or prove as to what was price of adjacent land - Defendants did not file any other sale deed of adjacent land to suit land -..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Can be permitted to be led only with respect to issue, onus whereof was on defendants...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiff has admitted possession of defendant - He stated that he was in possession as a lessee - However, apart from lease deed, there is no evidence to prove that plaintiff is running his factory/industry from property in..........
Civil Procedure Code, 1908, Section 35B -- Non-payment of costs - Closure of evidence of defendants - Case adjourned for DWs subject to payment of costs of Rs.200/- - Cost not paid and no DW was present and defendant's evidence was closed by order - No application u/s 148 CPC filed for extension of time - Evidence of defendants rightly closed...........
