Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Orders/judgments passed by Revenue Court placed on record by defendants - Such orders/judgments admitted by plaintiff in plaint - Court can take these into consideration while deciding application U.O.7.R.11 CPC...........
Specific Relief Act, 1963, Section 38 -- Suit for possession and injunction - Land in question was an agricultural land qua which suit before Revenue Court for declaration of Khatedari rights had already been preferred by plaintiff and same is pending consideration - Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts - It..........
Will -- Proof - Defendant pleaded that testator had no right to execute the Will and he did not execute the Will with a sound mind - Will was thus admitted document which was not even required to be proved by plaintiff - Even if it is assumed that same was required to be proved, S.68 of Evidence Act does not apply - As it was proved on record that neither executant nor..........
Evidence Act, 1872, Section 90 -- Will 30 years old - Will being more than 30 years old is not in dispute and same has been placed on record by plaintiff in whose custody it ought to have been - Presumption u/s 90 Evidence Act was most plausible recourse and the same was rightly adopted by both the Courts below...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Concurrent findings on record that plaintiff failed to prove its case based upon sale deed - Plea of typographical mistakes in plaint not tenable, as there was enough time for plaintiff to move appropriate application to do needful, which admittedly was not done - Findings retuned by..........
Limitation Act, 1963, Article 97, Hindu Succession Act, 1956, Section 22 -- Limitation - Preferential right of heir to acquire property - Suit for declaration and possession - Sale deed being challenged by plaintiff executed in favour of defendant no.1 - Limitation is to be taken as one year from date of execution of registered sale deed - Suit filed after one year from..........
Civil Procedure Code, 1908, Order 22, Rule 4, 10A -- Substitution of LRs - Limitation - Law as to: (i) limitation for substitution of LRs of a deceased plaintiff/defendant commences from the date of death and not from date of knowledge; (ii) abatement on non-filing of an application for substitution of LRs within prescribed limitation is automatic and; (iii) provision of..........
Mutation -- Mutation does not create, extinguish or confer title - Simply because name of plaintiff was omitted from mutation and it was sanctioned in favour of defendants only, that too wrongly, would not negate the plaintiff's right of ownership, particularly when title of plaintiff was declared by decree and judgment in the year 1982 which remains unaffected by entry..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for declaration and permanent injunction - Plaintiff filed the suit on basis of earlier judgment and decree of 1982 in which title of plaintiff was declared - Non-filing of execution proceedings qua said decree of 1982, defendants do not ipso facto become owners of suit property and same does not debar..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs are in possession of suit property as per various documents placed on record - Prima facie case and balance of convenience are in favour of plaintiff - Plaintiff will suffer irreparable loss and injury in case denial of such relief - Defence by defendants that plaintiff along with her..........
