Law: Civil Procedure Code (V of 1908)

Section: 115 , 47

Law: Limitation Act (IX of 1908)

Section:

  Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction, exercise of---Question, whether property in question was included in previous litigation or not was neither established on record by parties nor determined by Courts below---Courts below failed to give any definite finding on such important factual aspect of case but based their conclusions mainly on technical quibbling---High Court set aside judgments and decrees of Courts below and remanded case to Trial Court for decision afresh in the light of observations made by High Court. Civil Procedure Code (V of 1908)--- ----S. 47---Competency of suit---Suit whether barred by provisions of S.47, Civil Procedure Code---Plaintiffs' suit was based on assertion that suit property was allotted to them in the partition effected through execution of previous decree whereas version of defendants, was that same was never subject-matter of partition proceedings between the parties but they inherited the same through their mother who was exclusive owner of the same---Provisions of S.47, Civil Procedure Code, 1908 were thus not a bar to the institution of suit because plaintiffs had not only gone for execution of decree but had in fact been delivered possession by the executing agency, of the property exclusively made their ownership by the final decree of Court in partition suit. Limitation Act (IX of 1908)--- ----Arts. 142 & 144---Suit for possession on basis of ownership---Limitation---Suit for possession on basis of ownership filed within twelve years, from denial of title was well within time---Trial Court having negatived plea of adverse possession raised by defendant, there was no legal hindrance in the way of plaintiffs for claiming possession of suit property from respondent provided they could satisfy Court that suit property did form part of the area given to them in final decree in previous litigation. Civil Procedure Code (V of 1908)--- ----OXXVI, R.9 & S.115---Appointment of Commissioner for Local examination---Desirability---Courts failing to determine real controversy between parties and valuable rights in residential immovable property being involved, High Court…