Civil Procedure Code, 1908, Section 152 -- Errors in description of suit property - Executing Court can change the boundaries of decreetal property...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Parties are having their houses adjoining that lane which is subject matter of suit - Lane in question is used by house owners in order to approach village road that is meant for their ingress and egress - Description of lane is not disputed - Plaintiff when claims that obstructions..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for possession has to describe the property in question with accuracy and all details of measurement and boundaries - In the absence of the same, suit would be liable to be dismissed on the ground of its identifiability...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Disputed abadi was sold by means of sale deed - DW6 admitted that there is a dilapidated structure on abadi which corroborates the recital in sale deed that Malwa existed over sold land - Site plan also corroborates description of Abadi given in sale deed - Courts..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to correct the North and South boundary of suit property - Defendant himself stated in counter raised to the application that description of suit property was incorrectly given by plaintiff - No plea of malafide was taken by defendant before trial Court - Defence taken..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Mere mis description of property in the decree will not make decree inexecutable - Moreover, description of boundary does not affect the decree, since DH has already purchased the property to the extent of 4/5th share - Objections dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant by way of amendment wished to explain pleadings by giving a description of revenue khasra numbers as well as consolidation scheme by submitting a site plan of existing construction raised by both the parties - Amendment sought would assist Court in arriving at a just decision -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Contention that vendor has not been made party or property description is incorrect - These are matter of trial when prima facie case is established by a party to a litigation...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Plaintiff had got suit property in exchange of his plot - There was no dispute with regard to identity of suit property - No error therefore, committed by First Appellate Court in not getting a survey conducted...........
Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
