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november 2005

Supreme Court of India · 2005-11-10

Harbans vs Om Prakash And Ors

Citation / case number
AIR 2006 SUPREME COURT 686
Court
Supreme Court of India
Petitioner
Harbans
Respondent
Om Prakash And Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's second appeal under Section 100 of the Code of Civil Procedure, 1908, affirming that the plaintiff's claim of ownership by adverse possession was not substantiated. The Court emphasized that the plaintiff's contradictory claims regarding ownership and possession undermined his case, and that the suit was also flawed due to non-joinder of necessary parties and vagueness in the plaint. Consequently, the Court held that the plaintiff had no locus standi to pursue the suit, leading to its dismissal.

Harbans vs Om Prakash And Ors · Niyam