Adverse possession -- Against State - A person who bases his title on adverse possession must show by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to a denial of his title to the property claimed - Burden lies on him to prove by clear and unequivocal evidence that his possession over the suit property was hostile to the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Notice to all the parties - Impleadment of a party subsequent to appointment of local commissioner - In the interest of justice prayer of re-issuance of warrant to Advocate Commissioner granted so as to submit a proper report after due consideration of all relevant documents and noting down the physical..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Prior partition of suit land by metes and bounds alleged by defendant - Burden is on defendant to prove prior partition - Defendant rightly directed to begin first...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Suit can be withdrawn when Court is satisfied that suit must fail for reason of some formal defect or that there are other sufficient grounds for allowing plaintiff to institute a fresh suit - Power to allow withdrawal of suit is discretionary...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Defect in survey no. of suit property - Goes to very core of subject matter of suit - Entire proceedings would be fruitless if decree holder is not able to get the decree executed successfully - Said defect thus, constitute "formal defect" within the meaning of O.23.R.1(3)(a) CPC -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At belated stage - Amendment sought will certainly change the basis of suit and will cause serious prejudice to defendant as defendant has already opened his cards - Plaintiff has no explanation for delay in moving amendment application - Application rightly rejected...........
Evidence Act, 1872, Section 114 -- Adverse inference - Recovery suit - Non-issuance of reply notice demanding payment, raises a very serious doubt on the stand taken in written statement as to no, supply of goods by plaintiff - Adverse inference against defendant's conduct drawn...........
Sale of Goods Act, 1930, Section 61(2) -- Interest - Recovery suit - Court in the absence of a contract to the contrary, may award interest at such rate as it think fit on the amount of price of goods sold from the date of which the price was payable - 12% interest p.a. ordered to be paid on the suit amount from the date of plaint till the date of realization, which is..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Limitation - Defendant made a part payment towards amount due in 2002 - Thereafter no amount was paid by defendants - Suit filed in the year 2005 - Suit is within period of 3 years and not barred by limitation...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Plaintiff supplied computers to defendant - Defendant issued cheques as part payment towards delivery of computers and said payment was credited to the account of plaintiff - Factum of issuance of said cheques admitted by defendant in his cross-examination - However, plaintiff issued demand notice to defendant..........