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.