Back
ROBIN PHUKAN
Gita Roy D/o Late Brojendra Chandra Roy – Appellant
Versus
Harendra Chandra Roy @ Kulendra Roy S/o Shri Jintendra Chandra Roy – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. P.K. Deka, learned counsel for the appellant and Mr. S.K. Ghosh, learned counsel for the respondents.
2. In this appeal, under Section 100 of the C.P.C. the appellant, Smti. Gita Roy has put to challenge the correctness or otherwise of the Judgment and Decree dated 05.03.2014, passed by the learned Civil Judge, Hailakandi, in Title Appeal No. 12/2009.
3. It is to be noted here that vide impugned Judgment and Decree dated 05.03.2014, the learned Civil Judge, Hailakandi had reversed the Judgment and Decree dated 19.11.2008, passed by the learned Munsiff No. 1, Hailakandi, in Title Suit No. 21/2008.
4. For the sake of convenience and clarity, the parties will be referred in the rank assigned to them in the Title Suit No. 21/2008.
Background Facts:
5. The background facts, leading to filing of the present appeal, are adumbrated herein below:
The burden of proof lies on the party asserting a fact, and failure to establish claims of forgery leads to dismissal of the appeal.
A court may compare handwriting under Section 73 of the Indian Evidence Act without requiring expert testimony, provided there is sufficient circumstantial evidence.
The burden of proof lies with the party asserting a fact, and failure to substantiate claims can lead to dismissal of the appeal.
The appellate court improperly reversed a trial decision regarding the authenticity of signatures on a pronote without addressing the trial court's valid evidence comparison under Section 73 of the I....
Point of Law : Substantial question of Law - Court’s power under Section 100 of the CPC can be exercised only on a substantial question of law and it is no longer res integra that such substantial qu....
In a suit for declaration of title and recovery of possession, the burden lies on the plaintiff to prove title on the strength of his/her own case and he/she cannot rely upon the laches or weaknesses....
Point of Law : Suit for specific performance and permanent injunction – Agreement of Sale - non mentioning of the correct survey number in the agreement of sale cannot be held to be due to inadverten....
The court must rely on expert evidence for handwriting analysis, and cannot substitute its own findings without valid reasons, especially when expert opinions are available.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
