Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Order of injunction granted in favour of plaintiff in earlier suit filed by defendant in respect of 86 cents which included 14 cents of suit property also - Since defendant claimed title in respect of suit property, which was denied by Courts in said earlier suit, it would have..........
Evidence Act, 1872, Section 102 -- Burden of proof - Recovery suit on basis of promissory note - Burden of proof lies on plaintiff to prove execution of promissory note - Once burden of proof is discharged by plaintiff, onus shifts on defendant to disprove execution of same...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witness - Money suit on basis of promissory note - Defendants denied signature of deceased who executed the promissory note - Plaintiff in order to discharge burden of proof moved present application in order to summons Branch Manager to produce account opening form, which contains specimen signatures of..........
Civil Procedure Code, 1908, Section 96(2) -- Appeal - By transferee pendente lite - Leave to appeal - Sale deeds have already been executed in favour of applicant, while one sale deed was executed prior to filing of suit and rest of sale deeds were executed after filing of suit - Transferee pendente lite is proper party to a litigation - Applicant entitled to grant of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Defendant successfully proved that he had sufficient reason for not appearing before trial Court as compromise arrived at between parties in complaint u/s 138 of Negotiable Instruments Act - Whether or not present transaction was a part of compromise arrived at between parties..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and recovery of damages - Concurrent findings of fact that defendant was unable to prove that he was occupying suit property as a tenant - Plaintiff on the other hand was able to prove that defendant was occupying suit premises as a licensee - No interference warranted in..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of document - Enquiry report sought to be produced by plaintiff for proving fact that in 2015 defendant had blocked the passage leading to his house and same was subsequently opened with intervention of Police - However, since there is no specific detail of property in enquiry report, no fruitful purpose would be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Death of sole defendant - Legal representatives brought on record - There are no allegations against legal representatives and there is no prayer in the civil suit qua them - Suit cannot proceed - Plaint rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the boundaries of suit properties - Boundaries of suit property mistakenly shown in schedule of property and ad interim injunction obtained on said basis - Amendment sought by plaintiff will introduce a fresh cause of action - Defendant will suffer irreparable loss by proposed..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement of suit - Death of defendant - Where estate of deceased is adequately represented before Court there can be no abatement...........
