Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Preliminary decree - Nature & Scope - Preliminary decree declares the rights and liabilities of the parties - Decree may be partly preliminary and partly final - A preliminary decree cannot be executed unless & until final decree is part of preliminary decree...........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Final decree - Proceeding may be initiated at any time - No limitation for initiation of final decree proceeding - Only final decree proceedings executable...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Decree for recovery of possession - Decree holder is also entitled to recovery of future mesne profits...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(2), Civil Procedure Code, 1908, Section 13 -- Counter claim - Dismissed and plaint claim allowed - Defendant need not file separate appeal but single appeal challenging both findings is maintainable...........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition of land assessable to land revenue - Once a preliminary decree for partition is passed and a precept is sent to Collector and Collector takes an action then all proceedings would lie before the Collector - If any person is aggrieved he has to take recourse to the remedies as available under the Land..........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Written statement - Non filing of - Case decided U.O.8.R.10 CPC - Non consideration of documents and affidavit of evidence tendered by plaintiff - Decree set aside...........
Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 9, Civil Procedure Code, 1908 -- Description of suit property - Plaint must disclose identity of property without ambiguity - Identification can be either by way of numbers of Revenue Records or Settlement or survey - Boundaries of property given in plaint not controverted or challenged..........
Civil Procedure Code, 1908, Order 26, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Preliminary decree passed - Appointment of Advocate Commissioner - Preliminary decree becoming final and final decree proceedings initiated - Respondent filing application for summoning Commissioner for cross examination - As it is for Court to pass final..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Eviction order - Stay - Mesne profits or compensation for the use and occupation of the premises in dispute has to be assessed at the same rate at which the landlord would have been able to let out the premises on being vacated by the tenant...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Stay of eviction order - Shop let out at Rs.1500/- p.m. - Mesne profits assessed at Rs.18, 000/- p.m. keeping in view the rent prevailing in the area at the relevant time - Mesne profits payable from the date of stay order i.e. 11.7.2001 - Amount already paid as rent to be adjusted against amount of mesne..........
