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Birma Devi & Ors. vs. Subhash & Anr. (SC)

52.00 5.20

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Specific Relief Act, 1963–Sec. 22–Code of Civil Procedure, 1908–Order 21–Whether the relief of possession may be granted by the Executing Court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit property has been granted ?–Held, yes–Sec. 22 of the Act allows the plaintiff to amend the plaint to include a claim for the relief of possession, partition, etc. at any stage of the proceeding and the expression “any stage of the proceeding” includes the stage of execution of the decree by the Execution Court–High Court rightly set aside the order of the Execution Court.