Civil Procedure Code, 1908, Order 47, Rule 1(2), Civil Procedure Code, 1908, Order 8, Rule 6-A -- While dismissing appeal the appellate Court also dismissed the counter claim of the defendant - On dismissal of the counter claim the aggrieved party had independent right of appeal - In case it has not availed the remedy of appeal, it could seek review of the order...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 6-A -- Review - Appeal filed by plaintiff dismissed and counter-claim of defendant also dismissed - Held, on dismissal of counter claim, the aggrieved party had independent right of appeal and in case it is not availed can seek review of the order in terms of O.47.R.1(2) of the Code...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Suit for possession - Defendant's plea that property was sold as a collateral security for loan - In appeal defendant/appellant sought to produce an agreement as an additional evidence to support the plea - Appellate Court ought to have received agreement as additional evidence for fair justice -..........
Partition suit -- Decree assigning shares of parties keeping aside the Will relied upon by the first defendant - High Court, accepted the Will and determined the shares of the two defendant's - Will was not in issue in the suit and no finding as regards the validity was recorded - Held, High Court was not justified in modifying the shares by accepting the Will - Decree of..........
Evidence Act, 1872, Section 114 -- Adverse inference - Defendant setting up the case that he is in possession of land in question since the life time of deceased - Revenue record not produced to substantiate this plea - In its absence an adverse inference has to be drawn...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Evidence of plaintiff not proving his title - Suit to fail notwithstanding that defendant has no title to the suit property...........
Agreement to sell -- Defendant undertaking in agreement that she will get the mutation sanctioned - It is not contingent contract of the type where non fulfilment of the condition mentioned in the agreement would render it unenforceable or void...........
Specific Relief Act, 1963, Section 16 -- Ready and willing - Provision does not require that plaintiff must plead that he tendered the amount to the defendant and called upon him to perform his part of the contract - Plaintiff is only required to plead and prove that he had been and was ready and willing to perform his part of the agreement and to purchase the land...........
Evidence Act, 1872, Section 65 -- Suit for injunction - Pending suit defendant died - Respondent impleaded on the basis of will in her favour - Permission sought to adduce secondary evidence to prove the Will - Held, injunction suit cannot be converted into a suit for probation of will - High Court committed error of law directing adduction of secondary evidence to prove..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by Bank for recovery of more than Rs.80 Lakhs - Restraining defendants from transferring or alienating mortgaged and hypothecated property - Held, balance of convenience is in favour of plaintiff as plaintiff will be put to irreparable loss if defendant is allowed to dispose of, transfer or..........
