Oral Relinquishment deed -- Separate property - Property which is allegedly relinquished in the year 1988 was held by plaintiff by virtue of inheritance by operation of S.6 proviso r/w S.8 and S.19 of Hindu Succession Act, said property was held by her as her separate property which could be relinquished orally...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A, 4 -- Late production of documents - Documents sought to be produced contrary to pleadings - Documents sought to be filed not filed alongwith written statement and failure to satisfactorily account for not pleading them or filing them as required under law - Allowing said documents on record would certainly cause..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Substitution of Legal heir - Death of plaintiff - Application for substitution filed after delay of 3 years from the date of death of plaintiff - However, since legal heir was impleaded only for the purposes of continuation of suit, application not barred by limitation and suit would not abate - Application rightly..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Expert opinion - Will in question was produced by defendant after closing evidence of plaintiff - Since defendant has led expert evidence in respect of said will thereafter opportunity has to be granted to plaintiff to rebut said evidence - It is also not denied that plaintiff had closed his evidence only..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Plaintiff sought withdrawal of suit on the ground that certain pleading has been left and material documents have also not been filed - However, such nature of defect is curable - No formal defect or sufficient ground has been established by plaintiff - Application rightly..........
Stamp Act, 1899, Section 33, 35 -- Impounding of document - Unstamped agreement to sell - Plaintiff was claiming relief relying upon agreement of sale and entire suit was based upon said document for recovery of money and damages, same cannot be considered as collateral purpose - Document in question directed to be impounded and only on payment of necessary stamp duty and..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Registered partition deed was acted upon, which is admitted by defendant - However, defendant failed to prove that partition deed and both the sale deeds have been forged - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Mere ground or averment in the plaint that executant of a registered document was not of stable mind, cannot be a ground for cancellation of a duly registered document - No prima facie case and balance of convenience is in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Defendants have been debarred from filing written statement and matter has been fixed for plaintiff's evidence and defendants cross-examined all the witnesses on several dates - Defence of plaintiff has already been disclosed by way of leading evidence and witnesses have already been..........
