Joint possession - Decree

Joint possession - Decree.....

                             ,

- Basically decree is nothing but formal expression of an adjudication , determines the rights of the parties with regard to all or any of the matters .

- Decree may be either preliminary or final.

- Decree be include the rejection of a plaint.

- Decree be include the determination of any question within section 144 .

- Civil court may pass decree of joint possession as well as symbolic possession in respect of suit property.

- In fact no where in the C.P.C. bars civil court to pass joint possession decree in suit.

- Even though as per Order 21 Rule 35(2) of C.P.C. joint possession decree of immovable property shall be executed.

= Relevant Provision =

- Section 2(2 ), 0rder 21 Rule 35 , Order 20 of C.P.C.

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Production Of Documents - Evidence- In Civil Suit

Production of documents in civil suit....

                                

- Basically parties to suit shall produce on or before the settlement of issues all the original documentary evidence in the suit .

- Above rule shall not apply to documents produced for the cross examination of the witness of the other party or handed over to a witness merely to refresh his memory.

- But if evidence Oral or Documentary which will assist the court in rendering justice then court may at any stage allow such evidence.

- After argument of both parties but before delivery of judgement patties to the suit may adduce Oral as well as Documentary evidence in the suit.

- The court is to consider the value of oral or documentary evidence in rendering justice.

== Relevant Provision =

- Order 13 and 18 of C.P.C.

= Relevant Judgement =

- Mukund Iron Staff Association Co-Op.Housing Society Ltd., Bombay v/s Vasant Ramchandra Patil 2015(4) M.L.J.855.

- Hemant Harish Thakkar v/s Balkrishna Appaya Shetty 2001(3) All.M.R.689.

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