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1 - 7 of 7 (0.20 seconds)The Code of Civil Procedure, 1908
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
Municipal Committee, Hoshiarpur vs Punjab State Electricity Board & Ors on 19 October, 2010
Without considering these aspects of the matter, the Courts below
ignored the evidences and, therefore, in my opinion, in view of the decision of
8 Patna High Court SA No.320 of 1995 dt.04-10-2012
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the Apex Court in the case of Municipal Committee Hosiyarpur (Supra),
the Courts below have ignored and excluded the relevant materials as such
the findings are perverse. On this score alone, the impugned Judgment and
Decree are liable to be set aside.
The Limitation Act, 1963
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
D.R. Rathna Murthy vs Ramappa on 8 October, 2010
In this matter, reference
may be made to the case of D.R. Rathna Murthy Vs. Ramappa 2011 (1)
S.C.C. 158. I, therefore, perused the evidences of P.W.4 Harkalia, P.W.5
Sakichandra neighbour of Swaroop, P.W.7 Ram Gopal the son of Harkalia and
one of the plaintiff. Their evidence are according to Section 50 of the
Evidence Act. Ext.5(A) is also deposition of one of the witness who was
examined in title suit No.15 of 1950 who has died, therefore, his evidence has
been marked as ext.5/A in the present case but the same was also discarded
on the ground that he was not relied on in the earlier suit. It may be
mentioned here that this issue as to whether Harkalia is daughter of Swraoop
or not was never in issue in the earlier suit. Therefore, there was no question
of not relying on the evidence of this witness arises. The Court below could
not have discarded this evidence on the only ground that the witness was not
relied on in title suit No.15 of 1950. From perusal of the evidence of P.W.4
P.W.7, P.W.5, it appears that none of the witnesses were cross-examined by
the respondent on the question of parentage of Harkalia, although they
specifically stated in their examination-in-Chief that Harkalia is the daughter of
Swaroop.
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