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...........
Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1 -- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27 -- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition..........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Succession Act, 1956, Section 23 - - Partition - Joint family property - Right of female heir to seek partition - Held, no right had accrued or come to vest in male heirs against female heirs whose right in dwelling house of family to claim partition was only put under embargo...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Plaintiff claimed that property transferred by mortgage deed - However, plaintiff failed to establish that said mortgage has ever been redeemed or even prayed for - Held, plaintiff not entitled to relief for partition...........
Civil Procedure Code, 1908, Order 20, Rule 3, Punjab Panchayati Raj Act, 1994, Section 19 -- Removal of Sarpanch - No confidence motion - Unsigned order - Validity - Petitioner, an elected Sarpanch, removed from his office by an unsigned order - Held, impugned order could be termed only as a draft order - Till draft order is signed by competent authority, it cannot be said..........
