Professional Documents
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take such measures as to reverse the damages that have occurred against him without the
intervention of the court. Five kinds of extra-judicial remedies are practiced by the aggrieved
parties who have suffered any civil wrong which have been elaborated as follows:
A person who legally enjoys the possession of any property also possesses the right to use legal
force against any person or group who acts as a trespasser to the former’s possessed property.
But the two mandatory provisions that should exist in such a case are- firstly, the aggrieved party
should have the right to direct possession of the property related to that particular situation and
secondly, the aggrieved party should have used a reasonable amount of force to expel the
perpetrator of the act of trespass upon the property.
Re-entry on land
The next and very obvious stage that shall follow the expulsion of the trespasser from the
property is re-entering the property by the legal possessor only after the usage of reasonable
force to vacate his property of the trespasser.
Re-caption of goods
When a movable property is unlawfully in the possession of any person or group, the lawful
possessor or owner shall have the power to capture back that property from the former party. It is
to be noted that the re-caption here, does not require the court’s sanction but it still has to remain
within the lawful ambits i.e., no unlawful force should be used in the process of re-capturing any
property.
In case any entity causes public nuisance or private nuisance, the aggrieved party has the right of
lawfully removing the entity causing nuisance. But it is to be kept in mind that the removal of the
object shall not result in damages to any other party related on unrelated to the incident.
WORK PLAN
1. To study the various cases of extra judicial remedies and its critical analysis
2. What kind of cases have been reported and resolved in extra judicial remedies ?
3. To study the Judgements of various tribunals ,lok adalat and other out of court methods