SRI DOKKA SAMUEL versus DR. JACOB LAZARUS CHELLY

SRI DOKKA SAMUEL versus DR. JACOB LAZARUS CHELLY

Omission by counsel to cite an authority does not amount to error apparent on the face of the record justifying review; burden rested on respondent to establish real consideration and valid sale deed.

Parties
Appellant: SRI DOKKA SAMUEL; Respondent: DR. JACOB LAZARUS CHELLY
Jurisdiction
India
Judgment Date
14 March 1997
Procedural Posture
Civil Appeal / Final Appellate Stage
Outcome
appeal allowed
Legal Topics
Review, Error Apparent on the Face of the Record, Burden of Proof, Sale Deed Versus Agreement of Sale
Civil Procedure Review Error Apparent on the Face of the Record Burden of Proof Sale Deed Versus Agreement of Sale

Case Brief

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Parties

SRI DOKKA SAMUEL

Appellant

DR. JACOB LAZARUS CHELLY

Respondent

Procedural Posture

Civil Appeal / Final Appellate Stage

Legal Issues

  1. 1 Whether omission to cite authority of law constitutes error apparent on the face of the record for review
  2. 2 Whether burden of proof was correctly placed regarding validity of sale deed

Ratio Decidendi

Omission by counsel to cite an authority does not amount to error apparent on the face of the record justifying review; burden rested on respondent to establish real consideration and valid sale deed.

Court Disposition

appeal allowed

Orders

  • impugned order of High Court set aside
  • decree of appellate Court, as earlier confirmed by High Court, upheld