Civil Procedure Code, 1908, Order 21, Rule 10 -- Execution - Decree in a suit for fixation of common boundary of properties of plaintiffs and defendants can be demarcated in an execution proceeding at the instance of defendant...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Possession - It is necessary for plaintiff to prove that property has well defined physical boundaries and thus it can be identified from adjoining properties - Property has to be identified not on the basis of survey plan but on physical boundaries like wall, fence, row of trees, difference in level, boundary..........
Civil Procedure Code, 1908, Section 47, Order 26, Rule 9 -- Ex-parte decree - Execution of - Appointment of Commissioner for fixation of boundaries - Not a case the decree is void or inexecutable - Held, refusal to appoint Survey Commission on ground that detailed enquiry regarding fixation of boundary cannot be carried out in execution proceedings, improper - Executing..........
Limitation Act, 1963, Article 64, Civil Procedure Code, 1908, Order 6, Rule 7 -- Adverse possession, alternative plea, inconsistent plea - Suit for injunction and fixation of boundary - Defendant claimed title in respect of suit property under oral agreement of sale allegedly executed with predecessor of plaintiff - Held, plea of adverse possession taken by such defendants..........
Civil Procedure Code, 1908, Order 21 -- Execution - Petition for execution of decree closed after recording satisfaction of the decree for putting up the boundary - Subsequent execution petition is not barred by principle of res judicata as a judgment debtor who demolishes a boundary put up in execution of a decree for fixation of boundary is not entitled to insist that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - During the pendency of suit defendant demolished the southern boundary - Amendment sought to incorporate a prayer for fixation of the southern boundary - Amendment allowed...........
