The Code of Civil Procedure, 1908  - Order VII Rule (5) ,  Rule (7)

Title of the land - Suit filed - Trial Court - Dismissed the suit - High Court - Defendants have failed to establish their plea by way of adverse possession thus, held that the plaintiffs are entitled to a decree for possession in the suit - Appeal - Amended plaint the prayer is only against defendant no.1 and not against defendant no.2 - Provisions of Order VII of CPC, in a case where prayer is not made against a particular defendant, no relief possibly can be granted against him - Appellants had been in peaceful possession of the disputed property from July 1963 and their predecessor-in-interest was in possession of the same property from 1950 till the property was transferred to predecessor-in-title of the appellant and the suit filed only in 1975 - Impugned order of the High Court set aside and that of the trial Court affirmed - Appeal allowed - No costs.

Topic(s)-Adverse possession

Important Decision(s)- 

• Order VII of CPC - Where prayer is not made against a particular defendant, no relief possibly can be granted against him.
• Adverse possession of the disputed property - Till the property was transferred to predecessor-in-title - Suit filed title of land - Dismissed.