Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Interest - Defendant borrowed Rs.3 lakhs for her family necessities but not for business purposes - Plaintiff being a private party was not justified in demanding interest @ Rs.24% p.a - It is thus, just and proper to award interest @ Rs.12% p.a on principal amount of Rs.3 lakhs from date of suit..........
Punjab Pre-emption Act, 1913, Section 4 -- Right of pre-emption - Plaintiff claiming his superior right to pre-empt the sale on the ground of being co-sharer in joint khewat - However, pending the suits, defendant filed the suit for partition before Revenue Court and khewat in dispute remained no more joint - Trial Court and Appellant Court rightly held, that plaintiff did..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Defendant seeking permission to prove certified copy of Registered Will by way of secondary evidence - Defendant pleaded loss of original Will - Plaintiff admitted execution of Will though it was alleged to be result of fraud and misrepresentation - It was only the proof of Will which was the subject matter in the Will..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - First appeal is sub judice and during pendency thereof if decree is executed and petitioner is dispossessed from suit property or title is transferred to plaintiff, same would cause irreversible and irreparable damage qua rights of defendant - Defendant has all throughout..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Agreement in question bears blank columns and has overwriting, which itself shows that to prove the same, evidence is required to be led in the matter - Plaintiff raised several triable issues which require leading of evidence -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Agreement in question bears blank columns and has overwriting, which itself shows that to prove the same, evidence is required to be led in the matter - Plaintiff raised several triable issues which require leading of evidence -..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Suit for damages on account of murder of her son - Son of plaintiff who is real brother of deceased/victim directed to be impleaded as LR of plaintiff...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Suit for recovery on basis of promissory note - Defendant denied his signatures on promissory note and took a plea that he had no acquaintance with plaintiff - Filing of application for expert opinion at belated stage is not a ground to dismiss the petition - Application allowed...........
Hindu Law -- Joint Family Property - Partition suit - Registered partition deed executed between parties in the year 2001 - However, plaintiff contended that said partition deed is contrary to interest of plaintiffs and same is obtained by fraud - There is no specific assertion as to materials regarding fraud other than nearly stating that mother of plaintiffs is unknown..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on disputed document with signatures on photocopy - No steps taken by plaintiff to secure original document either from defendant or person who is having custody of original - It is not the case of plaintiff that original document is not available - In such circumstances, sending photocopy to..........