AIR 1980 JAMMU AND KASHMIR 54

Jammu And Kashmir High Court

Hon'ble Judge(s): Mian Jalal-ud-din , C.J. AND Ghulam Mohd. Mir , J

(A) Letters Patent (Jammu and Kashmir) , Cl.12— Appeal - Interlocutory judgement of a Single judge under O.14, R.5 Civil P.C. (1908) is appealable under Letters patent. CMP No. 143 of 1978, in Civil Suit No. 84 of 1977, D/-10-04-1978 (J. and K.), Revered. Civil P.C. (5 of 1908) , S.104— @page-JK55 Where the order has the effect of deciding an issue between the parties then that judgement, even though interlocutory, is appealable. The order rejecting an application under O.14, R.5 Civil P.C. seeking amendment and recasting of issues to enable countering a plea of prior partition, decided some controversy between the parties or some rights in the case, and hence was appealable. (B) Evidence Act (1 of 1872) , S.17— Admission - What is. AIR 1962 Raj 231. Dissented from. Where a party only admits the signature and also explains the circumstances which led to his signing the document without knowing its contents it cannot be said that the party has admitted its execution. Execution implies conscious execution and knowledge of its contents. (C) Evidence Act (1 of 1872) , S.101— Burden of roof - Suit for partition Plaintiff's admission of execution of memo of parti....