SA/30/2021
2021 Latest Caselaw 1895 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  SA No. 30 of 2021

                                  Hon'ble N.S. Dhanik, J .

                                       Mr. Atul Kumar Bansal, learned
                                  counsel for the appellant.
                                       The second appeal is hereby
                                  admitted on the following substantial
                                  questions of law:
                                       1. Whether in the light of Section 58 of
                                          the    Indian    Evidence     Act    1872,
                                          admission     of    a    party    in   the
                                          proceedings, either in the pleading or
                                          oral are the best evidence and does
                                          not need any further corroboration.
                                       2. Whether an injunction is to be passed
                                          on the basis of the title asserted by the
                                          plaintiff and the question of title may
                                          come up for the purpose of grant of
                                          injunction but that does not involve
                                          any adjudication.
                                       3. Whether the First appeal was liable to
                                          be dismissed on the sole ground of non
                                          joinder of the necessary party.
                                       4. Whether the judgment and order
                                          passed by the learned First Appellate
                                          court is perverse based on conjecture
                                          and surmises.
                                       5. Whether the judgment and order
                                          passed by the learned First Appellate
                                          court is based on misreading of the
                                          evidence available on record.
                                       6. Whether according to law no protection
                                          can be given to an encroacher who has
                                          encroached the land of the Gram
                                          Sabha (recorded as River Ganga Ji)
                                          that too when the land is not
                                          identifiable.
                                       Issue       notice      to       the
                                  respondent/defendant.

Steps to be taken within a week. Summon the Lower Court's Record. List this case when the LCR and service report are received. Meanwhile, Status quo shall be maintained by both the parties.

Stay application (IA No. 1 of 2021) stands disposed of.

(N.S. Dhanik, J.) 16.06.2021 SB