Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Suit for injunction - To note down physical features of suit property - Apprehension of defendant that plaintiff in guise of obtaining injunction, might encroach into his land - Held, mere noting down physical features, it is well nigh impossible to someone to say that a particular land is in..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 27 -- Appointment of local commissioner - Demarcation of suit land - Demarcation report was already carried out strictly as per statement of PW3 - Objection to demarcation report was not filed by defendant no.1 - At this belated stage, appointment of Local Commissioner cannot be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Inspection of building - Revisional stage - Application dismissed as tenant had sufficient opportunities of leading evidence before authorities below, but he failed to do so - Even otherwise, Revision Court would not come to aid of party for collecting evidence - Application dismissed...........
West Bengal Premises Tenancy Act, 1997, Section 44 -- Rent & Eviction - Urgency of repair work - Civil Court's jurisdiction is not ousted when application for appointment of Local Inspection Commissioner is prayed for to ascertain the urgency of repair work - If such urgency is seen from the Commissioner's report in that case by exercising power conferred u/s 151 CPC,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Injunction suit - Dispute as to identity of suit property - Appointment of Commissioner to note down its physical features is not erroneous, as it does not amount to collecting or gathering evidence, particularly when it is alleged that defendants are trying to obliterate the physical features of property..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration claiming right by way of easement - Dispute as to existence of passage in question - Record regarding said passage silent - Appointment of survey Commissioner is thus necessary for ascertainment of existence of said passage - Order for appointment of Commissioner, passed by trial..........
Civil Procedure Code, 1908, Section 151 -- Applications filed during proceedings, may be for additional evidence or amendment of pleadings or for appointment of Local Commissioner or bringing L.Rs of some deceased party on record etc., in normal course, be decided within a month...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Grant - Plaintiff sold part of the property to defendant - Records show that there exists a pucca boundary wall that surrounds the home of plaintiff - Disputed portion is situated outside the boundary wall - Held, no one would leave any portion of his property outside the boundary wall of his house - Neither any..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and permanent injunction - No decree in favour of appellants about which they had filed the suit on ground of adverse possession - If objection had been filed under O.21 R.97 CPC, decision would be appealable - The objections have been raised by third party u/s 47 of CPC which has been dismissed by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment in a suit for injunction - There is no absolute bar on appointment of Commissioner in a suit for injunction particularly when application is filed in order to note down the physical features of suit property...........