Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of final arguments - Plaintiff sought to produce an excerpt (Intakhab) to prove ancestral nature of suit land - Document essential for just and proper adjudication of matter - One effective opportunity is granted to petitioner to produce the document in question subject to payment of costs of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court lacking jurisdiction - Trial Court dismissed the suit - Impugned order set aside - Trial Court directed to return the plaint for presentation before Court of competent jurisdiction...........
Agreement to sell -- Specific performance - Sale deed not executed despite payment of entire sale consideration - Plea that sale deeds were not allowed by Government not supported by any evidence - Dismissal of suit calls for no interference...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - Where executing Court declines to entertain a claim or objection against attachment of property U.O.21.R.58 Proviso CPC, remedy of aggrieved party lies in instituting a suit and not in seeking a revision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit is at a primary stage - No new relief has been sought and only nature of suit property would be changed to some extent, but it is not the fact that there would be complete overhauling of plaint - When suit is at its initial stage and defendants have all the opportunities available to rebut the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court has power and jurisdiction to suit or non-suit a party on adduced pleadings, issues and evidence, but not on a totally new and unexpected case, more particularly at the stage of S.100 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit lands cannot be said to be coparcenary property of plaintiff - Those are coparcenary property of her mother - But mother is not coming forward claiming partition - Plaintiff has not acquired any birth right - Therefore, there is no unobstructed..........
Evidence Act, 1872, Section 102 -- Burden of proof - Adverse possession - Defendants have raised plea of adverse possession as such burden is on them to prove affirmatively that bar of limitation prescribed u/art 65 of Limitation Act, viz. 12 years, is applicable - But, limitation of 12 years begins when possession of defendants would become adverse to that of plaintiff -..........
Limitation Act, 1963, Article 110 -- Limitation - Partition suit - Plea of ouster - If the Co-sharer in possession, raises the plea of ouster or bar u/art 110 of the Act, it is incumbent on such co-sharer to prove that exclusion was to the knowledge of other co-sharers - Exclusion should be proved by tangible evidence - One cannot infer exclusion from enjoyment of..........
Partition -- Plaintiff had no knowledge about execution of partition deed of 1990 as alleged by defendants - Moreover, plaintiff is not a party to said partition deed - Courts below has rightly held that defendants failed to establish that plaintiff has received a sum of Rs.10,000 towards her share - As regarding plea of ouster taken by defendants, in the absence of..........
