Civil Procedure Code, 1908, Order 7, Rule 3 -- Suit for possession and removal of encroachment - Non filing of sketch showing the extent of encroachment - Not fatal when all the encroachments fall within the suit property, which was pleaded to belong to the plaintiff...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Production of sketch - Determination of encroachment - Case of plaintiffs is specifically that all encroachments fall within suit property bearing survey No.280/3 and that the said suit property belongs to them - Held, question of filling of sketch U.O.7.R.3 of the CPC, showing the extent of encroachments, does not arise and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit challenging notice to remove encroachment allegedly made on public way - Third party are adjoining land owners and as a result of unauthorised construction raised by plaintiff, their right to access is affected - Applicants have existing cause of action against plaintiff and also have entitlement..........
Civil Procedure Code, 1908, Section 91(2) -- Public street - Encroachment - Plaintiff in view of the sale deed executed in his favour by defendant No.1 making provision for the disputed street has independent personal right to file suit to seek protection of disputed street from encroachment by defendants - Consequently, suit cannot be said to be barred by S.91 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Court Commissioner - Two reports from T.I.L.R. office on record - Report after measurement of land of plaintiffs indicates that there was encroachment, however, the report after measurement of land of defendants shows that there is no encroachment - Held, a fit case in which trial Court or lower appellate..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Demarcation of suit land - Held, since at the time of earlier demarcation defendant was absent, it is necessary to obtain demarcation to prove encroachment of plaintiff's land by defendant by way of reliable evidence - Encroachment of plaintiff's land by defendant can be established only by..........
Civil Procedure Code, 1908, Section 100 -- Second Appeal - Land of plaintiff encroached by defendant - Failure to prove the same as no demarcation report placed on record - Not disclosed the basis on which encroachment alleged - Held, no question of law involved - Appeal dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Respondent still defy the decree of injunction by an express encroachment and user of petitioner's property as a pathway - Petitioner to give details of the Officers, who are responsible for the breach with the names and addresses as well as the property of the State that shall..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Encroachments made during pendency of suit - Amendment sought at the stage of last opportunity for leading evidence by plaintiff - Plaintiff unable to demonstrate with reference to some prima facie material that encroachment alleged had been made by defendant during..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Plaintiff filed application for amendment before trial has commenced - Reasons set out in affidavit filed in support of application that subsequent to the filing of suit there was an encroachment and construction which has necessitated respondent herein to file such application for amendment - Held,..........
