Murlidhar (Died) vs Annu Pathan on 24 June, 2016
The plaintiff filed first regular civil appeal mainly on the
ground that defendant had not entered into the witness box and
plaintiff had filed an application under Order 6 Rule 17 CPC to
bring certain documents on record, but the said application under
Order 6 Rule 17 CPC was dismissed, and therefore, he could not
bring on record the judgment and decree passed in Civil Suit
No.82-A/1998 between Radhamohan Vs. Murlidhar & Ors., so
also the judgment and decree passed in first Civil Appeal No.6-
A/1999 passed by the Court of 2nd ADJ (Fast Track Court) Datia
and that has prejudiced his case. Learned First Appellate Court
after giving careful consideration to the various pleadings
dismissed the first appeal after recording a finding that plaintiff
has failed to discharge the burden that his father had purchased
the ruin situated behind the House No.20 Ward No.9, Datia, and
that building permission was obtained in relation to the said ruin
only. It has also recorded a finding that the said ruin is recorded
in the name of the defendant in the records of Municipality. It is
also mentioned that no evidence was led to prove the
dimensions of the said ruin, nor any evidence was led to show
that plaintiff had received the said ruin in family partition.
Recording such a finding, the first appeal was dismissed.