Evidence Act, 1872, Section 112 -- DNA Test - Partition suit - Recognition of a person as son of another is not required to be determined through blood relation only and what is important is his recognition in the society as such...........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff already paid Rs.3,10,000 out of total sale consideration of Rs.3,90,000 at the time of execution of agreement to sell - On the targeted date plaintiff proved his presence before office of Sub Registrar - Suit filed within 8 days of second default committed by defendant - Plaintiff thus, was ready..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-trial amendment be granted liberally unless it causes serious prejudice to interest of defendant, in as much as, such amendment sought for is either time barred, barred by law, change the nature of suit or cause serious prejudice to interest of opposite party...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 1 -- Right to begin - Eviction suit - When basic ground of eviction sought for is default in payment of rent, it would always be plaintiff/landlord who should lead evidence first - Denial on the part of defendant is strictly a defence that they have taken and to prove the same it is not required for defendants to lead..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicitor - Plaintiff unable to establish his right - A suit for injunction simplicitor is not maintainable...........
Agreement to sell -- Specific performance - Agreement to sell though denied by defendant, but Courts below have recorded finding on the basis of evidence on record that there was valid execution of agreement - Suit was filed within limitation - Finding of continuous readiness and willingness is also in favour of plaintiff - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is mandatory as Court has to reject plaint in case on a meaningful reading of plaint, it is found that suit does not disclose right to sue, a cause of action or suit is barred by any law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Stamp Act, 1899, Section 3 -- Stamp duty - Consent decree - Plaintiff has prayed for partition of suit property left behind by his father and during pendency of suit, plaintiff and defendant settled their dispute and have entered into terms of Settlement - Plaintiffs and defendants were not having any pre-existing right over property - Merely by executing a terms of..........
