Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Where defendant files application seeking sending document to expert for comparison of signature, defendant shall aver in affidavit about his admitted signatures, on authentic documents available for comparison - Without making available admitted signatures, ordering interlocutory application..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Apartment complex - Encroachment or alteration - Plea of defendant that plaintiff himself has produced photos of the actual site and that there was no necessity for appointment of Commissioner - Task of an Advocate Commissioner would throw more light into the actual facts on the spot and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Partition suit - Defendant was engaged in treatment of his son who died subsequently - Whenever defendant was free, he participated in proceedings - It cannot be said that defendant remained inactive - Defendant had adequate and sufficient reason for not appearing before Court - Ex parte..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - If any part of amount claimed by plaintiff is admitted by defendant to be due from him, leave to defend the suit cannot be granted unless the amount so admitted to be due is deposited by defendant in Court...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction and partition - Suit dismissed by trial Court without recording evidence of plaintiff as well as defendant - Suit is in relation to immovable property and valuable rights of parties are to be decided - One opportunity to lead evidence is thus, required to be granted - Impugned order of dismissal of..........
Rent and eviction -- Eviction suit - Limitation - Plea of adverse possession was not taken by defendant/tenant - Law of limitation therefore, not applicable in filing civil suit for eviction and possession...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for eviction and possession - Concurrent findings of Courts below on record acknowledging right and title of plaintiff over suit property in question and status of defendant as a tenant over there - Claim of defendants being an owner of suit property and justifying their possession on the basis thereof..........
Hindu Law -- Ancestral property - No evidence on record that suit property was undivided property of a Hindu family of four generations - Plaintiff has only produced jamabandis to establish nature of property - However, said jamabandis shows that defendant is the owner of suit property - Suit property in question thus, cannot be held as ancestral property...........
Will -- Suspicious circumstance - Five cases of forging documents pending against attesting witness of Will, making it sufficient to believe him as an unreliable attesting witness - Moreover, defendant in whose favour Will is alleged to be executed impleaded plaintiff in another litigation based on natural succession - Will in question thus, surrounded by suspicious..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
