JUDGEMENT
Rajesh Kumar, J. -
(1.) I.A. No.2926 of 2018
This interlocutory application has been filed by the appellants, proposing further substantial questions of law, copy of which has already been served to the counsel for the respondents and replied through Rejoinder, to be considered by this Court, which are as under:-
"(i) Whether in a suit for declaration of title and recovery of possession, the plaintiff has to prove his case. He cannot take advantage of defendant's weakness?
(ii) Whether both the courts below have seriously erred in not considering Exhibit-E evidence of Jumauddin Ansari in Case No. C 780 of 2001, otherwise the suit was barred by law of limitation?"
(2.) Considering the submission advanced on behalf of the appellants and respondents, the interlocutory application being I.A. No.2926 of 2018 is allowed and the substantial questions of law framed by the appellants is accepted by this Court.I.A. No.2894 of 2018
(3.) By way of filing this interlocutory application being I.A. No.2894 of 2018, prayer has been made by the appellants to adduce additional evidence viz. to bring on record the alleged Sada Hukumnama and rent receipt, which are mentioned in their written statement as well as in sale deed i.e. Ext-B which could not brought on record either before the trial court or before the Appellate Court.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.