1. Civil Procedure Code, 1908 (V of 1908) Order 20, Rule  12 - Mesne profits - Normally a person in wrongful possession has to pay compensation on the basis of profits he actually received or with ordinary diligence might have received - The assessment of compensation, not on the value of the user but on an estimated return on the value of the property is unsustainable - Correct rate of mesne profits against a person whose tenancy had terminated is market rental value of the property.  (181) P.L.R. (Del.)
  2. Civil Procedure Code, 1908 (V of 1908) Order 20, Rule  5 - Provides that trial Court should decide all the issues separately but it can still give its findings by clubbing one or two issues if they are inter-related but the trial Court has failed to even refer to these issues and appellate Court, has also not looked into this aspect of the matter whereas it was one of the substantial ground taken in the grounds of appeal as claimed by learned counsel for the appellant and was pressed - Thus, the judgment and decree of both the Courts below are apparently erroneous and against the procedure - Case remanded.  (176) P.L.R.
  3. Civil Procedure Code, 1908 (V of 1908) Order 20, Rule 18 - A decree is granted in favour of plaintiff for a share which he seeks for - In a partition suit, the parties, who have shares in the properties, are in the position of plaintiffs - It will be open for any person who has a share in the property to seek for a preliminary decree in his own favour - Consequently, it is open for each one of the defendants to secure a preliminary decree in respect of the share on payment of court fee and a court has also a power to pass any number of final decrees to make division of everyone of the persons who has a share in the  property. (182) P.L.R.


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