Suit for declaration of ownership -

Case Laws October 05, 2023

Section 115 CPC Civil Revision.

Without there being any pre existing right or title, no decree can be passed under Section 42 of the Specific Relief Act ---

After tendering only documents in affirmative evidence in the statement of counsel and closure of affirmative evidence by the plaintiff without reserving right of leading any evidence---- Thereafter defendant failed to produce any adverse evidence and their right of leading evidence was closed under order XVII Rule 3 CPC. As there was no adverse deposition, the plaintiff was precluded to lead evidence in affirmative without permission of the court, thus if any evidence so led in contravention whereof, that is liable to be ignored while deciding the lis.