Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title and interests in the suit property of predecessors of plaintiff have been invalidated by Court's order - There is thus, no prima facie case in favour of plaintiff at the interim stage of suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If a plaint is being made on adverse possession, it is required to be decided on that aspect and a contrary aspect cannot be subject matter in a suit deciding adverse possession - More so, application filed at belated stage - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant admitted his signatures on promissory note - Evidence of PWs 1 & 2 coupled with promissory note entrenches and establishes that defendant borrowed sum of Rs.1,50,000 from plaintiff and executed promissory note - PW2 is scribe of promissory note - Promissory note is true, valid and..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens u/s 52 of the Act provides two exceptions - First exception is that if the parties to suit are colluding - In the instant case, all the parties to partition suit were colluding in order to defraud transferee pendente lite - More so, one of DH resides in adjoining house permitted..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Suit of plaintiff shall stand or fall on its own merits - Weakness of defendant cannot be a ground or factor for allowing the suit...........
Specific Relief Act, 1963, Section 38 -- Injunction - In a suit for injunction, plaintiff has to prove his prima facie possession over suit property...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - In the absence of evidence that plaintiff is in exclusive possession of the property and there had been a partition, suit for permanent injunction against co-sharer is not maintainable - The only remedy for plaintiff would be to seek partition of suit land...........
Will -- Suspicious circumstances - Execution of Will in favour five sons to the exclusion of sixth son - Plaintiffs filed the suit for declaration on the basis of Will after 6 years after death of father/testator on the basis of his Will - Defendant/sixth son was not aware of Will - PW1 has admitted that attesting witness/PW2 to the Will was not related to him - Will..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
