Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Plaintiff discharged his burden by producing two original suit promissory notes and also produced sufficient evidence - Burden shifts to defendant to rebut the evidence of plaintiff - To disprove the evidence produced by plaintiff and to discharge his burden, defendant did not enter into..........
Partition suit -- Suit property was claimed as joint family property by plaintiffs - Defendants in their written statement, did not specifically rely on this contention, instead, they pleaded that plaintiffs had already released their share for valid consideration, which itself indicates that suit property is joint family property in nature - There is no proof by..........
Settlement deed -- Acceptance - Production of original gift deed in possession of plaintiff before Court is the vital evidence to prove acceptance...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents are in possession of plaintiff - There is no possibility for defendant to modify the same, as such he sought for production of same from plaintiff - Documents in question are necessary documents for deciding the issue before trial Court - Application allowed. (P aras 7 & 8)..........
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..........
