2016 (3) AKR 709 ::(2016) 4 KCCR 3776

Karnataka High Court

Hon'ble Judge(s): Ravi Malimath , J

(A) Civil Procedure Code (5 of 1908) S. 100 — Second Appeal — Substantial question of law — Claim of title by plaintiff by virtue of ' Hakku Patra— — Hakku Patra contain various alterations — There was failure on part of plaintiff to examine concerned authorities for lack of knowledge — Thus, title held to be doubtful — Moreso, description of property does not tally in plaint it measures 35x30 ft , whereas document on record disclose measure 30x35 ft — No substantial question of law — It is case revolving only around facts — No interference (Paras 9, 10)

(B) Civil Procedure Code (5 of 1908) O. 41, R. 27 — Application for production of additional evidence — Proof of Hakku Patra — Applicant seeking to examine Government official in support of Hakku Patra — Reason assigned that plaintiff being poor and rustic villager had no knowledge about result of non-examination of said officials to prove ' Hakku Patra— — Though for lack of knowledge plaintiff could not examine said officials but counsel was well within knowledge about it — Hence rejection of application proper