Thursday, December 30, 2021

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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