Chhajju Ram Vs. Neki Ram & Others Subject matter of the case - What is the meaning of "Any other sufficient cause" and principle "of Ejusdem Generis" under Order 47 Rule 1 C.P.C. ? Facts of the case - 1. On 22nd October, 1912 one Mr. Chhajju Ram purchased certain lands of villages Kasgar and Jammi Kera from Mrs. Forbes for Rs. 42,000/- Mr. Chhajju Ram also took the possession of the above properties after the execution of the sale deed in his favour. 2. Neki Ram and others filed a suit against Chhajju Ram alleging that the execution of the above sale deed in favour of the defendant is collusive hence the same be declared null and void and the plaintiffs be given the possession of the said land on payment of Rs. 15,000/- on the basis of their preemptions. It was argued by the plaintiffs that :- i. The plaintiffs are Gaur Brahmins by caste and are the occupancy tenants of village Kasgar and were the members of Agriculture Tribes within the meaning...
What do you mean by Decree, Essentials of Decree, Kinds of Decree What do you mean by "Decree" According to Section 2 of Civil Procedure Code(CPC), " Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with reference to all or any of the matters in controversy within the suit and should be either preliminary or final. It shall be deemed to incorporate the rejection of an plaint and therefore the determination of any question within Section 144, but shall not include: A. Any adjudication from which an appeal lies as an approval from an order, or B. Any order of dismissal from default. What are the essentials of a Decree? 1. There must be an adjudication 2. Such adjudication must have been given in a suit 3. It must have determined the rights of the parties with regards to all or any or any of the matters in controversy within the suit. 4. Such de...