Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: O.VI,R.17

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Contention of plaintiffs was that impugned mutations had not been got attested by their predecessor during his life time---Suit was dismissed concurrently---Validity---Plaintiffs had failed to prove the attestation of impugned mutations after the demise of their predecessor---Sufficient evidence was available on file which had proved the attestation of said mutations by the predecessor of plaintiffs during his life time---Presumption of correctness was attached to the long standing entries in the revenue record which could only be rebutted through cogent and coherent evidence which was lacking in the present case---Appellate Court was justified by refusing the proposed amendment as plaintiffs had specifically prayed for cancellation of all subsequent mutations in the plaint---Mentioning of each and every subsequent mutation was not inevitable---Both the courts below had properly appreciated the evidence and had rightly non-suited the plaintiffs---No illegality, irregularity or any mis-reading or non-reading of evidence had been pointed out in the impugned s passed by the courts below---Revision was dismissed in limine. (b) Civil Procedure Code (V of 1908)--- ----O. VI, R. 17---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Amendment of pleadings---Scope---Amendment could be sought at any stage of proceedings but same was subject to certain apparent formal defect in the plaint. ORDER ROOH-UL-AMIN KHAN, J.---Challenged herein are the concurrent findings of the two Courts below dismissing the petitioners' suit. 2. Arguments of the learned counsel for the petitioner heard and record perused. 3. Before dilating upon the merits of the case, I would like to take the application of the petitioners filed under section 5 of the Limitation Act, 1908 for condonation of delay. The main revision petition has been filed with one day delay on the grounds mentioned in the application. The application is supported by an affidavit. The controversy involved in the main revision petition is in respect of valuable property, thus in the interest of justice, I deem it appropriate to dispose of…

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