Possession–Suit for–Way of dealing–
(1) Trial Court must examine the parties to the suit under Order 10 in relation to third party interest and further exercise the powers under Order 11, Rule 14 asking the 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.
(2) In appropriate cases, where the possession is not in dispute and not a question of fact for adjudication before the Court, the Court may appoint Commissioner to assess the accurate description and status of the property. (3) After examination of parties under Order 10 or production of the documents under Order 11 or receipt of the commission report, the Court must add all necessary or proper parties to the suit, so as to avoid multiplicity of proceedings and also make such joinder of cause of action in the same suit,
(4) Under Order 45, Rule 1, a Court receiver can be appointed to monitor the status of the property in question as custodia legis for proper adjudication of the matter.
(5) The Court must, before passing the decree pertaining to delivery of possession of a property ensure that the decree is unambiguous so as to not only contain a clear description of the property but also having regard to the status of the property.
