Showing : 1-10 of 83 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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 26, Rule 9, 10(2)-- Appointment of local commissioner - Provision of O.26.Rr.9, 10(2) CPC, are in respect of local investigations and are not in the context of expert opinion by handwriting and fingerprint expert...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 26, Rule 9, 10(2)-- Appointment of local commissioner - When the expert is appointed as commissioner by Court in a civil case at the instance of one of party, Court may issue commission to such expert for the purpose of elucidating the matter in issue, by directing him to make such investigation and to report thereon..........
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..........

Showing : 1-10 of 83 Results