Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Original issues were framed in the presence of counsel for defendants - It was specifically stated at that stage that no other issue was pressed and case was adjourned for evidence of plaintiffs - Application for framing additional issues had been filed after much delay - Framing of additional issue would..........
Agreement to sell -- Specific performance - Plaintiff contended that defendant was required to get mutation sanctioned in respect of suit property in revenue record and only thereafter sale deed was to be executed - However, once defendant had handed over original sale deed of suit property to show his title, this is lame excuse on part of plaintiff to say that mutation..........
Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Attempt to murder - Eye witnesses who are daughters of complainant were not examined by prosecution and were given up - Real brother of complainant, who has been stated to have taken complainant to Hospital has not been examined as a witness - Doctor who has given opinion as to injury being dangerous to life has not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Proposed amendments are in relation to events which have taken place after institution of suit and relate to the same subject matter - If amendments are allowed, defendants get a chance to file additional written statement to controvert and contest such averments and prayer - However,..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Eviction suit - Petitioners are sub-tenants of original tenant - Suit is between landlord and tenant - Petitioners cannot take shelter of O.21.R.97 CPC to raise objection against execution of decree passed in favour of plaintiff - Even, O.21.R.101 CPC has no applicability as..........
Registration Act, 1908, Section 71 -- Refusal to register document - Non-production of original parent document - Sub-Registrar cannot insist party to produce original parent document while registering document - Impugned refusal check slip quashed - Petitioner is directed to represent sale deed...........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Grant of leave to appeal - Law as to: (i) Ss.96, 100 CPC respectively provide for preferring an appeal from an original decree or decree in appeal respectively; (ii) said provisions do not enumerate categories of persons who can file an appeal; (iii) However, a stranger cannot be permitted to file an appeal in any..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Consent deed - Petitioner purchased property and entire revenue records were mutated in favour of petitioner - Original owner interfered with possession of petitioner by contending that father of petitioner had no valid title over the property - However, matter was settled in meditation by paying Rs.11 lakhs to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership - Plaintiff failed to prove that she was legally wedded wife of original owner - Succession certificate granted in favour of plaintiff was subsequently revoked - Plaintiff even failed to prove that she is class-I heir of original owner - Suit rightly dismissed...........
Adverse possession -- Mutation of revenue records, payment of Kist, custody of original title Deed, mere long possession and enjoyment for more than statutory period, are alone not sufficient to constitute adverse possession, unless denial of title is brought to knowledge of title holder - Limitation clock begins to tick only when denial of title is conveyed to real owner..........
