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Documents citing Maheshwar Prasad Sharma vs Shobha Dvei on 6 January, 1998

Ajay Kumar Chaurasia vs Sanjay Kumar Chaurasia on 17 August, 2016

5. On the other hand, learned counsel Mr. Verma submitted that the decision relied upon by the petitioner is not applicable in the present case as in the said decision the suit was of the year 1987. Proviso to Order 6 Rule 17 CPC was not available in that case, therefore, it was not considered in that decision. The learned counsel further submitted that the scheme of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982 does not permit alternative relief for declaration of title and, therefore, in an eviction suit no amendment for alternative relief Patna High Court CWJC No.17580 of 2015 (5) dt.17-08-2016 4 for declaration of title that too after closure of evidence of both the parties and at the stage of argument can be allowed.
Patna High Court - Orders Cites 8 - Cited by 1 - M Sahoo - Full Document

Md. Irfan vs Md. Ashfaque @ Ashfaque Ali And Ors on 18 February, 2025

5. I have given my thoughtful consideration to the rival submission of the parties and perused the record. The impugned order has been passed on application dated 17.08.2017 filed on behalf of the plaintiff/petitioner under Order VI Rule 17 read with Order VII Rule 7 of the Code of Civil Procedure (for short 'the Code') seeking certain amendments which inter alia included the relief of declaration of the title of the plaintiff for the suit land against the defendant apart from other reliefs. The law on the point of conversion of an eviction suit into title suit has been settled. The learned Single Judge in the case of Maheshwar Prasad Sharma (supra) observed that where complicated question of title arises, the Court may ask the plaintiff to seek relief in a properly constituted suit or may allow the plaintiff to convert the suit into a regular title suit and decide the question of title on payment of proper court fee and in appropriate cases, grant the plaintiff the decree of eviction on the basis of title under Order 7 Rule 7 of the Code.
Patna High Court Cites 4 - Cited by 0 - A K Jha - Full Document
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