Showing : 1-10 of 80 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner - Demarcation of suit land - When there is a boundary dispute between parties, then it is in the interest of justice to appoint Local Commissioner for demarcation of land, because same facilitates Court in arriving at a just conclusion in order to dispense justice..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner - Demarcation of suit land - Encroachment by defendant - Boundary dispute between parties - Plaintiff earlier approached Revenue Authorities, but no action was taken by said authorities to carry out demarcation of land - He was not having any other option but to..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Suit for partition - Appointment of Advocate Commissioner to take inventory of locker standing in name of deceased - Order appointing Commissioner to take an inventory of the locker and for recording availability of documents and to file a report to that effect - No infirmity..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner - Partition suit - No dispute regarding possession over plot in question - Application filed just for purpose of delaying proceedings of appeal - No infirmity found in impugned order of rejecting application for appointment of local commissioner...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9-- Appointment of local Commissioner - Suit land was already demarcated and report of such demarcation exist on record - No fresh demarcation of land could have been ordered at this stage, particularly, when demarcation previously conducted was acceptable to plaintiff also - Application for..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7-- Appointment of Local Commissioner - Order u/s 151, or U.O.39.R.7 CPC is a matter of trial Court's discretion to be exercised in respect of facts of which it seeks information...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7-- Appointment of Local Commissioner - Inspection of suit property - Plaintiff asserted that suit property was constructed property, while defendant's case was that it was vacant land - In such circumstances, trial Court while appointing Commissioner directed that only report as to constructions or..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of local commissioner - Appointment made to ascertain whether defendants have encroached upon suit property and raised a wall and installed a gate during pendency of suit - Order as to appointments of commissioner calls for no interference...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner to demarcate suit property - Sought by defendant when case was fixed for evidence of plaintiff - Application is pre mature - Defendant is at liberty to file application for appointment of Local Commissioner at the stage of his evidence...........

Showing : 1-10 of 80 Results