LAW FOR ALL

Sec.101,102 of Evidence Act - Sec.100 of C.P.C = Suit for Declaration of title and consequential reliefs = Goa - Portuguese civil code - Suit for declaration & possession & cancellation of document = with out producing any documentary proof in respect of title - no suit be decreed on vague admission -Sec.101,102 - burden of proof & onus of proof - both are distinct - former never changes - later changes from time to time from one shoulder to other's shoulder - first plaintiff has to prove his title - then only other things will be considered = sec.100 C.P.C. - when decree was passed on erroneous law and fact , high court can interfere in second appeal - High court rightly set aside the decree and judgement of lower courts = Sebastiao Luis Fernandes (Dead) Through Lrs. & Ors. … Appellants Vs. K.V.P. Shastri (Dead) Through Lrs. & Ors. … Respondents = Published in / Cited in /Reported in judis.nic.in/supremecourt/filename=41061