Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration - Trial Court while dismissing application required to adjudicate as to whether presence of applicants before it in the suit was necessary in order to enable Court to effectually and completely adjudicate upon and settle all the questions involved in the suit - However, trial..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Plaintiffs are claiming right and title of suit property - Burden is on the plaintiffs to prove their right and title of suit property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent prohibitory injunction - Evidence on record proves that plaintiffs are in possession of suit property - However, plaintiffs failed to prove their title in suit property - Plaintiffs entitled to relief of permanent injunction but not entitled to relief of declaration of title...........
Will -- Proof of - Execution of Will not proved by plaintiff in terms of S.63 of Succession Act and S.68 of Evidence Act - DW1 and DW2 not admitted the execution of Will - PW2 and PW3 both have not disclosed the date, month and year of execution of Will - Will thus, not proved - Suit for permanent injunction and declaration on basis of Will dismissed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
Family Courts Act, 1984, Section 7 -- Dissolution of Muslim marriage - Suit for declaration as to dissolution of marriage on basis of Mubarat agreement is maintainable before Family Court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioner wants to be added as a party in the suit due to stay entry incorporated in revenue record - No relief sought against petitioner by plaintiff - Stay order is passed against defendant which have no impact upon petitioner - Even otherwise,..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Burden is always on plaintiff to prove his title to seek a decree of declaration - Plaintiff has to establish not only his title, but also title of his vendors, particularly when it is in respect of item of immovable property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and for permanent injunction - Plaintiff did not choose to examine his vendors to establish his title and possession over suit property covered by sale deeds executed by vendors in favour of plaintiff - Vendors of plaintiff are best witnesses to depose their title and possession - Plaintiff thus,..........
