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RAJNISH KUMAR
Raja Ram – Appellant
Versus
Ram Asrey – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Sri Ambika Prasad, learned counsel for the defendant- appellant and Sri Rajesh Tiwari, Advocate holding brief of Sri P.C. Agarwal, learned counsel for the plaintiff-respondents.
2. This second appeal has been filed for setting aside the judgment and decree dated 15.12.1997 passed by Judge, Small Causes, Sitapur in Civil Appeal No.186 of 1988; Jagdeo Singh and Others Vs. Raja Ram dismissing the Regular Suit No.174 of 1984; Ram Asrey and Others Vs. Raja Ram and for maintaining the judgment and decree of the trial court dated 31.10.1988.
3. The following substantial question of law has been formulated in this second appeal.
4. Learned counsel for the defendant-appellant submitted that no evidence could have been adduced in regard to the correction deed made during pendency of appeal and sale deed executed by Manno Devi in favour of Ram Chandra, minor son of Babu Lal and sale deed executed by him to Chhote Lal and Smt. Lalti Devi without amendment in the plaint and the same could not have been considered and no presumption also could have been drawn in regard to register
The court affirmed that procedural rules should facilitate justice, allowing for the admission of correction deeds and maintaining suits for injunction without a declaration when no cloud on title is....
Failure to challenge admitted sale and gift deeds renders declaration of title suit non-maintainable; no right to additional evidence under Order 41 Rule 27 CPC.
Appellate court cannot admit additional evidence under Order 41 Rule 27 CPC absent due diligence proof or necessity for judgment; must record reasons; erroneous allowance despite negligence and delay....
Amendments altering the fundamental nature of a case are impermissible; evidence must align with pleadings for consideration in civil litigation.
Ownership of immovable property requires registered deeds; unregistered agreements do not confer title or enforceable rights.
Sale deeds must be proved by the signature of the executant as per Section 67 of the Evidence Act, and cannot be admitted without such proof, under Section 91, rendering erroneous decisions based on ....
A suit for injunction simpliciter is not maintainable when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff. Deprivation of oppor....
In a second appeal under Section 100 of the CPC, the High Court cannot re-appreciate evidence or interfere with concurrent factual findings unless a substantial question of law is demonstrated; addit....
In a suit for permanent injunction, the plaintiff must establish lawful possession and may need to sue for declaration of title if the title is under dispute.
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