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1 - 4 of 4 (0.25 seconds)Corporation Of The City Of Bangalore vs M. Papaiah And Anr. on 1 August, 1989
In Corporation of the City of Bangalore
(supra), the suit was filed for a decree of perpetual injunction restraining the defendant
Corporation from interfering with the possession of the plaintiffs over a particular plot of
land. The plaint in the suit did not have any prayer for declaration. The Apex Court held
that reading of the plaint, as a whole, demonstrated that the suit had been filed for
establishing the title of the plaintiffs and getting an injunction on that basis. In view of the
above, I am of the considered opinion that the learned lower Appellate Court corrected the
error committed by the learned Trial Court in dismissing the suit of the plaintiffs of Title Suit
No. 16/01 on the ground that no prayer for declaration had been sought for by the
plaintiffs.
Section 21 in The Indian Evidence Act, 1872 [Entire Act]
Section 99 in The Indian Evidence Act, 1872 [Entire Act]
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