Civil Procedure Code, 1908, Order 20, Rule 6 -- Decree - Every endeavor should be made to ensure that decree is drawn up as expeditiously as possible and within an outer time limit of fifteen days from the date on which judgment is pronounced - An appeal can be preferred without filing a copy of decree and judgment shall cease to have the effect of a decree for the..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Claim for mesne profits beyond the period of authorized occupation has to be in one suit and it is not permissible to claim part mesne profits in one suit and part mesne profits in another suit - Similarly it is not permissible to file second suit claiming damages on the plea that when first suit was filed..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne Profits - As a general rule the decision on issue of future mesne profits will not be made in suit filed for declaration of title and recovery of possession...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Suit for possession, damages & mesne profits - Plaintiff proved that they are lawful owners of suit property by virtue of Will executed in their favour - Defendant was in possession of suit property as a gratuitous licensee and said licence was revoked by plaintiff - Defendant was a licensee holding over as on the date of..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Merely determines and declares rights of parties in respect of suit schedule property - However, in final decree, Court has to divide the property by metes and bounds and allot the shares keeping in mind the rights and convenience of parties - The function of final decree is to apply what preliminary..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Final decree - Cannot amend or go behind preliminary decree on a matter determined by preliminary decree - Thus, a final decree is based upon and controlled by preliminary decree...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Suit for possession on the basis of title - Defendant in permissive possession of part of house - Plaintiff on proof of title as owner is entitled to possession - Held, in absence of any counter-claim, defendant has no legal right to refuse to hand over possession to plaintiff...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - While passing decree for possession Court has discretion to, either, if sufficient evidence is available on record for the determination of mesne profits, to also pass a decree for mesne profits, or if evidence brought on record is not sufficient for such determination, to direct an enquiry as to such mesne..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for declaration of title and injunction - Failure to give measurements of land - Effect - No measurements given in plaint, as to length and breadth, land had been trespassed - Held, suit ought not to have been decreed - Impugned decree liable to be set aside...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Decree in partition suit - Judgment was written without hearing arguments - Held, it is in clear violation to O.20.R.1 CPC - Impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
