Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Civil Procedure Code (V of 1908)  S. 100-Second appeal-Failure on part of appellant to argue an issue of law arising out of facts--Held, does not bar appellant to reagitate such issue in second appeal. (b) Pleadings Evasion of law-Cannot be tolerated simply because phraseology of plaint has been carefully selected. Jawahar Lal v. Mathura Prasad A I R 1934 All. 661 ref (c) Possession Property not capable of physical possession or otherwise not in possession of anyone--Rightful owner to be presumed in possession of such property-Possession of v4cant site or vacant land goes with title of rightful owner-Possession in case of doubt, follows title. It is settled law that when…