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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