Law: Civil Procedure Code (V of 1908)

Section: 100

Civil Procedure Code (V of 1908)-------S. 100---Second appeal to the High Court---Plaint, dismissal of---Scope--Plaintiff/respondent filed civil suit against the appellant with the prayers that the defendant be directed to hand over the physical possession of flat, through Nazir of the Court; that defendant be directed not to create third party interest regarding the subject property; and that cost of the suit and/or any other relief, which the Court may deem fit and proper in the circumstances of the case may be granted---Said civil suit was decreed in favour of the plaintiff/respondent vide judgment and decree dated 10.02.2023---Validity---Admitted position between the parties was that conveyance deed dated 11.05.1998 was in favour of the respondent and she had specifically pleaded in her plaint that she was ousted from the subject property by her son on 19.08.2018 and the appellant continued to be in possession of the subject property ever since---Appellant admitted in her cross-examination that title documents of the suit property were registered in the name of plaintiff and she was benamidar---Moreover, it was noteworthy that till the time of the said cross-examination and even after the suit was decreed in favour of the respondent, the appellant had not filed any suit for declaration or cancellation against the respondent---Upon specific query by the Court, appellant revealed that he had recently filed a civil suit for the same and the plaint of the same had been rejected by the Trial Court and an appeal whereof was pending---No further deliberation regarding the suit and appeal was required as it might prejudice the case of the appellant before the relevant forum---Ground taken by the appellant regarding filing of the complaint under the Illegal Dispossession Act, 2005 ('Act') was groundless---It is a settled principle of law that the standard of proof required in a criminal case is drastically different from the standard of proof required in a civil suit--Dismissal of complaint under the Act did not debar or disentitle the respondent to institute civil proceedings, which would only be adjudicated on their own merits and standard of proof---Scope of…