Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced are only revenue records and same would not enure to the benefit of defendants to substantiate their right over the property in question in view of registered partition deed produced in the suit - Application dismissed...........
Specific Relief Act, 1963, Section 39, Limitation Act, 1963, Article 65 -- Suit for possession by way of mandatory injunction - Suit must be filed within 12 years from the date of dispossession - In the absence of any specific date and time of dispossession and when plaintiff himself acknowledged in his cross-examination that defendants are in possession of suit property..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Striking off defence - Defendants admitted that written statement was not filed on account of signatures of one of defendants not having been obtained and written statement would be filed within two weeks - Defendants thus, should not be prevented from presenting their stand before..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Plaintiff never lead evidence in support of claim raised in plaint and rather withdrew suit for possession - Specific issue was framed as to whether plaintiff is owner in possession of suit property as alleged - Said issue was not pressed during course of arguments and was decided in favour of defendants who had..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant filed suit for permanent injunction by way of counter claim - Revenue record does not reflect sale of any portion of land nor does it show that plaintiff was in possession of suit property - Defendants by leading ocular and documentary evidence, proved agreement to sell whereby part of property..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in possession of plaintiff - Revenue authorities have already partitioned suit land - Possession of specific portion of suit land was handed over to plaintiff - Defendant thus, cannot interfere in possession of plaintiff, as partition proceedings stands..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing lawful possession of plaintiff - Claim of defendants having any title over property is itself in question in as much as claim for partition was made against husband and father of defendants - Since said partition suit was dismissed for non-prosecution, they..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Execution of Will in favour of nephew and niece of testator - Original Will bears the thumb marked photograph of testator and it is a registered Will - Thumb impressions of Testator on the Will and on the endorsement have not been denied by plaintiff/natural heir - Scribe and attesting witnesses of Will..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of written statement - Amendment sought prior to settlement of issues - Proposed amendment mentioned plots lying in between two Survey plots - This would not even amount to introducing any new fact or causing prejudice to plaintiffs or could not be said to be malafide - Rather, amendment sought by..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicter - Maintainability - If defendants do not dispute title of plaintiffs then suit should not fail only on the ground that matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for...........
