Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents were created only to frustrate the purpose for which civil suit was filed - Application U.O.41.R.27 CPC filed with object to frustrate and defeat the judgment and decree - Application dismissed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When two or more suits have been disposed of by a common judgment, but by separate decrees and where the decree in one suit has been challenged in appeal without challenging the decrees in the other suits, the principle of res judicata would be applicable...........
Agreement to sell -- Specific performance - Agreement to sell qua land comprised in Khasra No.454 - Decree passed qua Khasra No.457 - Specific performance of contract was not claimed of land of Khasra No.457 - Judgment and decree set aside - Matter remitted for decison afresh...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Order of trial Court granting conditional leave was never called in question by either of parties - Said plea cannot be entertained by High Court while adjudicating appeal filed against impugned judgment of decreeing suit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate authority is required to consider and decide the application U.O.41.R.27 CPC either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal - Since the same is not done, impugned order set aside - Matter remanded back..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Non-framing of points of determination - If the disputed questions involved in the lis have been elaborately dealt with, judgment of first appellate Court cannot be set aside only for want of framing points for determination...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deeds - Plaintiff did not establish by cogent evidence regarding his status as that of an illiterate person so as to dislodge the sale deed and exercise of undue influence having not been proved - However, burden having been sufficiently discharged by defendant as regards due execution..........
Evidence Act, 1872, Section 3 -- Evidence - Tendering of evidence cannot be forestalled holding the same is in the teeth of evidence already on record - Question as to whether ocular evidence will have to be read as subservient to the documentary evidence or that documentary evidence stands breached by ocular evidence are the issues which need to be considered by Courts..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Plea of juvenility - Application for claim of juvenility can be made even after judgment and order of conviction has been granted against a person which has attained finality...........
