Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Appointment of Local Commission - Application allowed - Revision thereagainst is maintainable even if jurisdiction has been exercised illegally and with material irregularity...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application U.O.26.R.9 CPC cannot be allowed merely for the purposes of facilitating case of one or other party and it is not the business of Courts to discharge burden of evidence of either party...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application not supported by any affidavit and in fact referred to plaint which was duly supported by affidavit - Moreover, no explanation furnished by plaintiff as to why and how he could not have access the documents required or even importance or relevance of said documents - Even, no..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Non examination of process server by plaintiff - Adverse inference drawn against plaintiff qua the fact that summons were duly served upon the defendant...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte decree - Setting aside - Service of summons - Mandatory provisions of O.5.Rr.17 & 19 CPC not complied with by process server - It cannot be held by any stretch of imagination that this is mere irregularity in the service of summons - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of new Commissioner and scrapping of report of Advocate Commissioner - Report of Advocate Commissioner cannot be scrapped on flimsy grounds - Defendants have already filed their objections to the report - Report of Advocate Commissioner by itself will not be a determining factor - It will only be a piece of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of land would help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of Local Commissioner would result in creation of evidence in favour of plaintiff - Application allowed...........
Hindu Marriage Act, 1955, Section 9 -- Visitation rights or temporary custody of child - Order passed in a petition u/s 9 of the Act - Order is patently illegal - A separate and independent petition has to be filed u/s 26 of the Act...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9, 26 -- Petition u/s 9 Hindu Marriage Act - Ex parte decree passed - Husband also granted visitation rights, which includes temporary custody of child - Wife filed petition to set aside ex parte decree - Transfer of petition - Order passed giving visitation rights, which includes temporary custody..........
