2014 AIR SCW 155 ::2014 (1) AIR Bom R 760 ::(2014) 122 RevDec 646 ::(2014) 1 WLC(SC)CVL 158 ::(2014) 1 CLR 85 (SC) ::(2014) 1 All RentCas 1 ::(2014) 1 CivilCourtC 558 ::2013 (15) SCC 161 ::(2014) 1 RecCivR 607 ::(2014) 1 Sim LC 515 ::(2013) 14 Scale 761 ::(2014) 2 CurCC 83 ::AIR 2014 SC (Civ) 529 ::(2015) 2 AllMR 930 (SC) ::(2014) 102 All LR 871 ::(2014) 1 Guj LH 344 ::(2014) 2 ICC 109 ::(2014) 2 AndhLD 103 ::(2014) 2 Mad LW 512 ::(2014) 2 LandLR 24 ::(2014) 1 JLJR 300 ::(2014) 1 Pat LJR 520 ::(2014) 2 All WC 1570

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): G. S. Singhvi, V. Gopala Gowda, C. Nagappan , JJJ

Civil P.C. (5 of 1908) , S.100— .- Second appeal - Substantial question of law - Finding reached by placing onus of proof on wrong party - And by ignoring pleadings of party - Raises substantial question of law - Suit for declaration of title - Title of plaintiff specifically denied by one of defendants, auction purchaser of suit property - Plaintiff unable to produce title document in his favour - Suit as yet decreed by assuming non-existing facts and by misreading pleadings that there was admission of title of plaintiff by defendant - Finding reached is perverse - Liable to be interfered with in second appeal. (Para 22 23 25)