TMI Blog1999 (9) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... without impleading the State of M.P as provided under Order 1, Rule 3-B of Code of Civil Procedure? 2. Brief facts of the case are that the plaintiff/respondent has filed a civil suit for possession of agricultural land. The plaintiff claimed that he is the Bhumiswami of the land bearing survey No. 101, area 0.240 hectare, situated in village Bamuliya, Tehsil Sironj, District Vidisha. This land is Kheda . A public road is on the western side of the land. The house of the defendant is towards southern side of the suit land and remaining lands of the defendant are extended on other two sides of the plaintiff's land. Plaintiff's land is surrounded by defendant's property from three sides except the western side. The plaintiff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers. Rule 3 of Order 7 of the Code provides that where the subject-matter of the suit is immovable property, the plaint shall contain a description of property sufficient to identify it, and in case such property can be identified by boundaries or numbers in record of settlement or survey, the plaint shall specify such boundaries or numbers. 7. Counsel for the respondent submitted that from the bare pleadings in the plaint and in the absence of any map of alleged enc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erty claimed by him either by means of boundaries or by means of map as required by Order 7, Rule 3 of the Code, it would be difficult for the Court to find whether the plaintiff has title to the property claimed and whether any encroachment or dispossession has been made by the defendant. Thus the duty of the party is to give description sufficient to identify the property in dispute. If such decree is passed, it shall be unworkable. The Court can only pass a decree which can be executed under Order 21 of the Code. 11. In the present case, it appears that before admitting the plaint and issuing notice to the defendant, the trial Court has not followed the procedure laid down in Rule 38 of M.P Civil Courts Rules. However, on pleadings, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g that the portion of encroachment is not specified in the plaint, then proper pleadings specifying the encroachment should have been brought before the lower Appellate Court. The lower Appellate Court while reversing the judgment held in para 7 of the judgment as under:- The plaintiff in para 4 of his plaint, has pleaded as under:- 14. Thus, there is no specification of exact encroachment. Plaintiff had a feeling that encroachment by the defendant is about two bamboo in width over east west boundary and width of one bamboo over south eastern side and defendant is not willing to deliver possession. Thus provisions of Order VII, Rule 3, Civil Procedure Code were not complied with. Therefore, on failure to comply with the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
