Civil Procedure Code, 1908, Section 100 -- Second appeal - Recovery suit - Defendant/appellant took a totally contrary stand in appeal to the stand taken by him in his written statement as well as in the grounds of appeal before first appellate Court - More so, stand now taken by defendant is without any basis, as he neither set up any case to the effect nor there is any..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Proof beyond pleadings - Not to be permitted - It cannot be said that question of relevance of evidence cannot be decided at the time of adducing evidence - It is an obligation of the Court not to permit a party to adduce irrelevant evidence or evidence beyond pleadings in order to avoid wastage of time, energy and effort of..........
Limitation Act, 1963, Section 22, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Continuing nuisance - Delay in filing suit - Plaintiff after making all other efforts to amicably resolve the issue have filed the suit in question after 10 years - Assuming that there is some delay it cannot come in the way of plaintiff as on account of said delay no right is created in..........
Partition -- Parties residing separately since more than 70 years, mess is separate, residence is separate, properties are acquired separately - Even, parties are recorded separately in revenue records of rights - Moreover, presumption of jointness in favour of plaintiff is very weak as he is 4th generation from the founder, who himself admitted separation between the five..........
Partition suit -- There is no limitation for applying and obtaining final partition decree and till passing of complete final decree, suit is deemed to be pending...........
Partition suit -- In partition suit, there can be more than one preliminary decree and even after passing of one or more preliminary decree, there can be more than one final decree that can be passed, even alteration of preliminary decree can be sought...........
Partition suit -- Once share is defined in preliminary decree to work out in final decree pursuant to preliminary decree after share is allotted and engrossed on no, judicial stamps, possession can be recovered as part of final decree proceedings, question of passing preliminary decree for possession does not arise...........
Partition suit -- Once there is preliminary decree and even earlier any final decree application filed and withdrawn - No bar to file fresh final decree application, as there is no limitation till passing of final decree, suit is deemed pending - Separate suit is not maintainable to work out preliminary decree - When such is the case, there is bar to maintainability of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Dispute as to nature and use of suit lands - Appointment of advocate commissioner to inspect the suit lands and note down the nature of said lands and uses to which the lands are being put to, cannot be faulted - Said appointment for that purpose by no stretch of imagination can be..........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Suit challenging sale deed - Plaintiff failed to prove the ingredients of O.6.R.4 CPC - It is hard to believe that plaintiffs were not aware of particulars of land agreed to be sold, as they stated to have received the sale consideration - A registered document carries even presumption of truth, if not challenged..........
