T. Subbarami Reddy vs Duggandla Rami Reddy Died
2021 Latest Caselaw 4905 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: S.A.No.76 of 2021
                                        PROCEEDING SHEET
Sl.      Date                                    ORDER                                OFFICE
No.                                                                                    NOTE
2     30.11.2021   MVR,J                                                              Tr. to I-
                                           S.A.No.76 of 2021                          O folder
                                                                                       before
                       Heard Sri S.Subba Reddy, learned counsel for the               correcti
                                                                                       ons if
                   appellant and Sri K.Vijaya Raju, learned counsel for Sri
                                                                                        any.
                   P.Ganga Rami Reddy, learned counsel for the contesting             Pl.verify
                                                                                          .

respondents.

ADMIT.

The following substantial questions of law arise for determination in the second appeal.

1. Whether the judgments of the Courts below are vitiated in not considering the principle 'Reus excipendo fit actor' means the defendant by his pleadings become plaintiff, and hence the judgments are liable to set aside?

2. Whether the burden of proof in a suit for declaration pales to insignificance after the parties let in evidence, if so, the judgments of the Courts below are vitiated?

3. Whether the non-consideration of admissions made by DW.1, DW.3 and DW.5 vitiates the judgments and if so, the judgments are liable to set aside?

4. Whether the non-consideration of Ex.A3 and Ex.A9 in a proper manner vitiates the judgments of the Courts below and hence, they are liable to be set aside? Notice to the respondents. List during the 1st week of February, 2022 under the caption 'final hearing'.

________ MVR,J I.A.No.1 of 2021 Heard.

There shall be an interim injunction restraining the

respondents 10 and 11 from making any construction in plaint

'B' schedule site, until further orders.

Notice.

________ MVR,J Pab