Civil Procedure Code, 1908, Order 20, Rule 12 -- Decree to hand over vacant possession of premises - Defendant was directed to pay mesne profits of Rs.7000/- per month as use and occupation charges till delivery of possession - In an appeal order as to status quo as regards possession was passed - Defendants enjoying premises without paying a single penny to plaintiff..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19 -- Counter Claim - Civil suit and counter claim were disposed of vide composite judgment and decree - Appellant challenged decree passed in favour of respondent and dismissal of counter claim - There is no requirement to file separate appeal to challenge counter claim which was in..........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Preliminary decree - Partition suit - Passing of preliminary decree U.O.20.R.18(ii) CPC is not mandatory in each and every case - It is only in cases where Court comes to conclusion that if partition or division of property cannot conveniently be made without further enquiry, a preliminary decree is required to be made...........
Civil Procedure Code, 1908, Order 20, Rule 18(ii) -- Final decree - Auction sale - Partition suit - Property is indivisible as per shares allotted in preliminary decree - Preliminary decree itself could have been made as a final decree - Trial Court rightly allowed application of plaintiff for conducting auction so as to distribute sale proceeds as per respective shares..........
Civil Procedure Code, 1908, Order 21, Rule 11(3), Civil Procedure Code, 1908, Order 20, Rule 6A(2) -- Execution - Consent decree - Non-filing of certified copy of decree along with execution application for the reason that same was not passed by Court - Execution application is still maintainable, as so long formal decree was not passed order recording compromise was to be..........
Civil Procedure Code, 1908, Section 151, Order 20, Rule 6A -- Drawing of decree - Where Court disposed of suit and did not draw a decree but only passed the order, DH was required to file an application u/s 151 r/w O.20.R.6-A CPC to Court for drawing a decree in accordance with order passed - High Court was thus, not justified in directing appellant to apply u/s 152 CPC..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19 -- Res judicata - Counter Claim - Suit and Counter claim has been decided by common judgment and composite decree has been prepared - Since two appeals are not filed against the judgment and decree by trial court, appeal was liable to be dismissed by invoking principles of res..........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Court to state its decision on each issue - Even if a specific issue has not been mentioned as being decided by a Court in its judgment, but the said issue is covered in its discussion on other issues and is actually adjudicated upon while deciding those issues, it need not be shown to be separately decided...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Enquiry U.O.20.R.12 CPC is not necessary for determining the damages, as it lies within discretionary power of Court...........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment of First Appellate Court - First Appellate Court after scrutinizing entire pleadings and evidence on record affirmed findings of trial Court - No exception therefore, can be taken to judgment passed by First Appellate Court, particularly when same is hit by provision of O.20.R.5 CPC...........
