AIR 2004 ALLAHABAD 215 ::2004 ALL. L. J. 2071 ::2004 (96) RevDec 48 ::2004 (1) All CJ 101 ::2004 (1) All WC 395

Allahabad High Court

Hon'ble Judge(s): Prakash Krishna , J

(A) Evidence Act (1 of 1872) , S.92, S.101— Evidence as to identity of property - Sketch map on scale produced by plaintiff showing identity and location of suit property - Placed before defendant's witness who admitted that same was in accordance with spot position - Placing reliance by Court on defendant's witness for conclusion that plaintiff fully established his case regarding identity and location of property - Not unwarranted - It cannot be said that plaintiffs are basing their title and right on defect of the defendants' title. Civil P.C. (5 of 1908) , O.7 R.3— AIR 1954 SC 526 Disting. (Para 7) (B) Civil P.C. (5 of 1908) , O.20 R.6, O.6 R.17— Decree - Disputed property described in plaint as well as map annexed to it by letters in Deonagri Script - Amendment of plaint and map on scale submitted describing property by letters of English alphabet - Operative portion of judgment mentioning that Plaint map indicating land in dispute by English letters shall form part of decree - Plaint having been amended and map on scale submitted by plaintiff, it cannot be said that decree passed by Court is vague or uncertain or unexecutable - Once plaint has been allowed to be amended, unamended portion cannot be taken into consideration. (Para 10) ....