Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioner wants to be added as a party in the suit due to stay entry incorporated in revenue record - No relief sought against petitioner by plaintiff - Stay order is passed against defendant which have no impact upon petitioner - Even otherwise,..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Burden is always on plaintiff to prove his title to seek a decree of declaration - Plaintiff has to establish not only his title, but also title of his vendors, particularly when it is in respect of item of immovable property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and for permanent injunction - Plaintiff did not choose to examine his vendors to establish his title and possession over suit property covered by sale deeds executed by vendors in favour of plaintiff - Vendors of plaintiff are best witnesses to depose their title and possession - Plaintiff thus,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to introduce a prayer to exercise right of pre-emption - However, when right of pre-emption is not permissible under law to be exercised by plaintiff in the facts and circumstances of the case, amendment to that effect should not be allowed -..........
Adverse possession -- Plaintiff could not establish that his adverse possession commenced from a particular date - There was no foundation for the plea of adverse possession in the plant itself - Plaintiff failed to prove his plea of adverse possession - Suit for declaration on the basis of adverse possession rightly dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - When no application U.O.23.R.3(1) CPC filed for substitution of Lrs within time limited by law, suit shall abate as against deceased plaintiff and judgment may be pronounced notwithstanding his death, which shall have same effect as if it is pronounced before death took place and..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - Plaintiff died during pendency of appeal - No one has come forward to bring his LRs on record - Suit shall abate against deceased plaintiff and judgment may be pronounced notwithstanding his death - Suit filed by deceased plaintiff shall stand decreed...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Where both the parties to lis are the same and suit property is the same, there is no ground to ask defendants to file a separate suit and counter claim cannot be excluded from main suit...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
