Published on: September 18, 2022 at 23:56 IST
Court- Honourable Supreme Court of India
Citation- Rahul S. Shah v. Jinendra Kumar Gandhi (2021)
Honourable Supreme Court of India has held that Civil Court must determine the status of the property especially, Who and In what part of the suit property is in possession other than the defendant. Hon’ble Civil Courts must issue commission to assist in the court to assess and evaluate to take necessary steps such as joining all affected parties as necessary parties to the suit.
37.1. Issue commission under Order 26 Rule 9 CPC—A determination through commission, upon the institution of a suit shall provide requisite assistance to the court to assess and evaluate to take necessary steps such as joining all affected parties as necessary parties to the suit. Before settlement of issues, the court may appoint a Commissioner for the purpose of carrying out local investigation recording exact description and demarcation of the property including the nature and occupation of the property.
In addition to this, the court may also appoint a Receiver under Order 40 Rule 1 to secure the status of the property during the pendency of the suit or while passing a decree.
37.2. Issue public notice specifying the suit property and inviting claims, if any, that any person who is in possession of the suit property or claims possession of the suit property or has any right, title or interest in the said property specifically stating that if the objections are not raised at this stage, no party shall be allowed to raise any objection in respect of any claim he/she may have subsequently.
42.1. In suits relating to delivery of possession, the court must examine the parties to the suit under Order 10 in relation to third-party interest and further exercise the power under Order 11 Rule 14 asking parties to disclose and produce documents, upon oath, which are in possession of the parties including declaration pertaining to third-party interest in such properties.
Drafted By Abhijit Mishra
Key Words- Supreme Court, Property, CPC, Possession