KISHUNDEO ROUT & ORS. versus GOVIND RAO & ORS.

KISHUNDEO ROUT & ORS. versus GOVIND RAO & ORS.

Unless a plea of adverse possession is specifically raised in the pleadings and put in issue, with cogent evidence led on the necessary factual elements and an opportunity given to the opposite party to meet that case, the plea cannot be allowed to be raised for the first time in appeal; appellate courts may do so only where the record contains sufficient facts and the opposite party is not taken by surprise.

Parties
Plaintiffs: Kishundeo Rout & Ors.; Defendants: Govind Rao & Ors.
Jurisdiction
India
Judgment Date
08 August 2025
Procedural Posture
Special Leave Petition (civil) No. 22070 of 2025 / Judgment on Special Leave Petition; Petition Dismissed
Outcome
Petition dismissed
Legal Topics
Adverse Possession, Pleadings, Principle of Secundum Allegata Et Probata, Framing Issues in Appeal, First Appeal Under Section 96 CPC
Property Law Civil Procedure Evidence Limitation Adverse Possession Pleadings Principle of Secundum Allegata Et Probata Framing Issues in Appeal +1 more

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Parties

Kishundeo Rout & Ors.

Plaintiffs

Govind Rao & Ors.

Defendants

Procedural Posture

Special Leave Petition (civil) No. 22070 of 2025 / Judgment on Special Leave Petition; Petition Dismissed

Legal Issues

  1. 1 Whether a plea of adverse possession not pleaded in the plaint can be raised for the first time in first appeal
  2. 2 Whether the First Appellate Court could frame an additional issue of adverse possession and decide it without taking further evidence

Ratio Decidendi

Unless a plea of adverse possession is specifically raised in the pleadings and put in issue, with cogent evidence led on the necessary factual elements and an opportunity given to the opposite party to meet that case, the plea cannot be allowed to be raised for the first time in appeal; appellate courts may do so only where the record contains sufficient facts and the opposite party is not taken by surprise.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • Pending applications, if any, stand disposed of