Showing : 21-30 of 80 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151-- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience - Hence, Court rightly appointed local commissioner as he..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - For demarcation of suit land - Suit for declaration of title and permanent injunction - Serious dispute between parties with regard to boundary/area of scheduled suit land specially with regard to identity of land - No effective decree can be passed without appointment of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner at belated stage - Demarcation of suit property - O.26.R.9 CPC, nowhere prohibits institution of application at a belated stage and rather should be filed at a stage when in the interest of justice it is required to do so - In the instant case, evidence of parties..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of local Commissioner at belated stage - Encroachment - Demarcation of suit property - Encroachment made during pendency of suit - In order to appreciate the facts and circumstances of case and also evidence available on record, local inspection therefore, is essentially required to be..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Boundary dispute erupting inter se parties - For resting the said dispute, appointment of Local Commissioner is imperative...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Application U.O.26.R.9 CPC, is not to be allowed at whims of parties - Satisfaction has to be that of Court and though said satisfaction of Court can also not be arbitrary, but then there has to be cogent material on record placed by applicant to satisfy Court that appointment of Local..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner - At appellate stage - Appellate Court does not deem it fit to appoint Local Commissioner for demarcation of suit land, as no such application filed either before trial Court or before appellate Court - Even no explanation given for the same - Moreover, misleading..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Appointment without notice to opposite party - Though O.26.R.9 CPC per se does not envisage notice to opposite party, but order containing unilateral direction without notice to opposite party is unusual and contrary to convention and practice - Moreover, Court shall not..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Direction to submit report as regards possession and user of land - Held, this amounts to collection of evidence which is not the object of the provision regarding appointment of Court Commissioner, as contained in O.26.R.9 CPC...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Notice to all the parties - Impleadment of a party subsequent to appointment of local commissioner - In the interest of justice prayer of re-issuance of warrant to Advocate Commissioner granted so as to submit a proper report after due consideration of all relevant documents..........

Showing : 21-30 of 80 Results