Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profit - Eviction suit - Plaintiff claimed damages @ Rs.1000 per day after termination of lease - No document is produced as to on what basis plaintiff can claim damages at this rate - Enquiry therefore, according to O.20.R.12 CPC ordered...........
Civil Procedure Code, 1908, Section 33, Order 20, Rule 1 -- Civil Rules of Practice and Circular Orders, 1980, Rr.66, 101, 142 - Pronouncement of judgment on a future day - If the judgment is to be pronounced on a future day, same shall be done within 30 days and shall not ordinarily be a day beyond 60 days from the date on which the hearing of the case concluded...........
Civil Procedure Code, 1908, Section 33, Order 20, Rule 1 -- Civil Rules of Practice and Circular Orders, 1980, Rr.66, 101, 142 - Re-opening case suo motu - Once trial is completed and judgment is reserved, it is wholly undesirable to re-open the case by court suo motu...........
Civil Procedure Code, 1908, Section 33, Order 20, Rule 1 -- Civil Rules of Practice and Circular Orders, 1980, Rr. 66, 101, 142 - Reserving case for judgment - Till arguments of both sides in all respects are complete and Court gets clarity on all aspects from counsel for both sides, it shall not reserve case for judgment - Once judgment is reserved, it must avoid..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - No fresh tenancy came into existence merely because plaintiff continued to accept admitted rent, after termination of tenancy, till filing of suit - Rather, plaintiff is entitled to mesne profit/damage/charges for use and occupation of suit premises from defendant till the suit premises is vacated...........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 20, Rule 12 -- Pendente lite mesne profits - Can be granted by Court by exercising power U.O.7.R.7 CPC though such relief is not specifically prayed in the suit...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - In calculating mesne profits/damages which are payable some amount of honest guess work is always required because evidence led by parties even if accepted will only show rate of rent for similar type of premises...........
Civil Procedure Code, 1908, Section 2(12), Order 20, Rule 12 -- Mesne profits - Suit for mesne profits can be filed only for past period and not for future with an exception that suit for future mesne profits can be filed when accompanied with relief of recovery of possession of immovable property...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - Limitation - Execution sought after 30 years of passing of preliminary decree - Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree - Even when application is filed..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - In case parties had affected partition by metes and bounds as per the preliminary decree, it is not necessary to undertake final decree proceedings - However, in the instant case, it is not found to be established that parties have worked out their rights by mutual agreement,..........
