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Recovery of Possession

Order XII Rule 6 CPC
Case BriefsSupreme Court

Provisions of Order XII Rule 6 of CPC are enabling, discretionary and permissive: Supreme Court

The Court also affirmed interpretation of Rule 6 by Delhi High Court in ITDC Limited v. Chander Pal Sood, wherein the High Court had held that Rule 6 gives a wide discretion to the Court.

Published on April 15, 2025April 16, 2025By Sucheta
Leave a comment552 views
suit for recovery of possession
Cases ReportedNever Reported Judgments

NRJ Series | When SC remitted case of recovery of possession to Trial Court for rehearing as per general law, since customary law was only applicable to ryots of village [(1954) 2 SCC 699]

This report covers the Supreme Court’s Never Reported Judgment on suit for recovery of possession, dating back to the year 1954.

Published on January 26, 2025January 26, 2025By Arushi
Leave a comment3756 views
Patna High Court
Case BriefsHigh Courts

‘Necessary to determine real conflict between parties’; Patna HC sets aside order refusing to amend pleadings after commencement of trial

The Court stated that if the amendment was not allowed it would lead to unnecessary multiplicity of litigation, as the amendments appeared to be necessary to determine the real controversy between the parties.

Published on June 19, 2024June 24, 2024By Arushi
Leave a comment1865 views
Case BriefsHigh Courts

Judgment on Admissions | Is Court justified in allowing application under Or. 12 R. 6 CPC for absence of material pleadings, presence of moonshine defence in WS? Del HC discusses

Delhi High Court: Asha Menon, J., held that, “Mere fact that the boundary walls had been built by the defendants cannot be

Published on December 24, 2021December 24, 2021By Bhumika Indulia
Leave a comment11053 views
Case BriefsHigh Courts

Person should have direct interest in subject matter of litigation to be added as party to suit

Orissa High Court: A Single Judge Bench of Dr A.K. Rath, J., allowed the petition which challenged the order of the trial

Published on December 26, 2018December 27, 2018By Bhumika Indulia
Leave a comment5047 views
Case BriefsHigh Courts

Landlord not entitled to claim damages after termination of tenancy if he fails to take steps for recovery of possession

Bombay High Court: A Single Judge Bench comprising of A.M. Dhavale, J. dismissed a second appeal filed against the order made in first

Published on December 15, 2018December 17, 2018By Bhumika Indulia
Leave a comment4951 views

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