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FARJAND ALI
Dwarka Prasad S/o Shri Madan Lal Gupta – Appellant
Versus
Dharmesh S/o Shri Punni Lal Jain – Respondent
JUDGMENT :
1. The instant Civil Misc. Appeal has been filed by the defendant-appellant Dwarka Prasad assailing the judgment and decree dated 26.03.2019 passed by the learned Additional Sessions Judge No.2 Aburoad, District Sirohi in Civil Appeal No.24/2018 (11/2016) whereby the learned Appellate Court set aside the judgment and decree dated 20.09.2016 passed by the learned Civil Judge, Aburoad in Civil Original Suit No.41/2012 and remanded the matter to the learned trial Judge with a direction to proceed with the same in accordance with law.
2. The skeletal material facts necessary for the purpose of deciding the instant appeal are that the plaintiff-respondent had filed a suit against the defendant-appellant for eviction and recovery of rent. The defendant-appellant filed a written statement denying the plaintiff as owner of the property-in question besides other specific contentions. On the basis of pleadings of the parties, the learned trial court framed the issues. The learned trial Judge on its own framed an issue as to whether there was a relationship of owner and tenant in between the parties. The plaintiff-respondent filed an application under Order 7 Rule 14 (3) of the CPC a
The admissibility of additional evidence in appellate courts under Order 41 Rule 27 CPC requires the party to demonstrate due diligence in producing the evidence and that the trial court had refused ....
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
The court reaffirmed that the right to adduce evidence is fundamental to a fair trial, and procedural rules should not obstruct this right but rather facilitate the pursuit of justice.
Procedural rules should facilitate justice; denying a party the opportunity to present evidence obstructs the cause of justice.
The main legal point established in the judgment is the importance of considering material aspects and appreciating the findings of the trial court in property dispute cases.
The main legal point established in the judgment is that the right of litigants to establish their cases by amending the written statement should not be taken away by the court except in cases of del....
Evidence recorded during the original trial shall be evidence during the trial after remand, unless otherwise directed by the court in the order of remand.
(1) Res Judicata – Whether suit is barred by any law must be determined from statements in plaint and it is not open to decide issue on the basis of any other material including written statement in ....
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