Veerendra Pratap Singh Versus Sanjaya Kumar Tibude

Madhya Pradesh High Court (Single Judge)

MA, 3315 of 2010, Judgment Date: Oct 25, 2018

Law laid down -

1. Amendment application based on subsequent developments can be allowed at any stage of the trial or appeal, if the same does not cause prejudice to the other side.
2. The cross objection in the appeal against appellate order can be made. In cross objection a decree can be passed. The cross objection takes the place of appeal after it is filed.
3. Suit for declaration of title filed without claiming a alternative relief of possession, the suit would not be barred by virtue of Section 34 of the Specific Relief Act. Suit for permanent injunction simpliciter, plaintiff proving his ownership, sporadic act of trespass by the defendants to pull down existing structure and put up new structure cannot constitute possession of defendants. Suit filed for permanent injunction cannot be said to be not tenable for want of claiming relief of declaration of title and possession

Veerendra Pratap Singh Versus Sanjaya Kumar Tibude