Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiffs failed to prove that they are having right and title in the suit property - Since plaintiffs are not entitled to the main relief of declaration of title, they are not entitled to consequential relief of permanent injunction as sought in the plaint - Suit rightly..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Defendant granted several opportunities but he did not cross-examine PW1 - Though defendant was negligent in not defending suit, yet an opportunity has to be granted to defendant by placing him on terms - Application allowed subject to payment of costs of Rs.10,000 payable to plaintiff...........
Partition -- Preliminary decree - Modification - Father of parties died intestate pending appeal - Share of father has to be allotted to LRs on record - Suit properties divided into six equal shares and plaintiff is entitled to one such share in it...........
Civil Procedure Code, 1908, Section 80(1) -- Notice - Provision of S.80 CPC is mandatory but the same can be waived by defendant - Defendant when waives the requirement of issuance of notice by not raising objection in the written statement then plaintiff cannot be non suited on the ground of non service of notice on the defendant prior to institution of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Defendants sold the land in question to Sehkari Samiti - However, controversy in the suit is decided on the basis of agreement alleged to have been executed by defendants with plaintiff - There is thus, no need to implead Sehkari Samiti as a party defendant..........
Agreement to sell -- Specific performance - Description of suit property - When suit properties are not described properly plaintiffs cannot claim any relief against defendants...........
Agreement to sell -- Validity - Suit for specific performance - Defendants have denied execution of agreement in written statement - One of attestors of agreement had stated that he did not sign as a witness on agreement - Genuineness of agreement has not been proved by plaintiffs - Agreement in question is not valid...........
Agreement to sell -- Specific performance - Suit filed after a lapse of twenty years - No explanation given by plaintiff in this regard - Even there is no pleadings with regard to willingness of plaintiffs or original vendee for getting sale deed executed in their favour - No evidence adduced by plaintiff to show that right from the date of sale agreement, original vendee..........
Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2016, Section 15 -- Written statement - Not filed within time - Extension of time - Transfer of suit from non-commercial division to Commercial division - Provision of S.15 of Commercial Act apply to those procedure that were not completed at the time of transfer - However, in the instant case, procedure..........
