Showing : 51-60 of 83 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Suit for permanent injunction - Dispute with regard to 6 feet wide pathway - Illegal construction in the nature of wall alleged to be made by defendant in the said pathway - The question whether defendant has a right over a six feet wide passage or whether the wall constructed..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 26, Rule 10, 11-- Local Commissioner - Court is not bound to appoint Commissioner on mere asking - It is for Court when it finds necessary to appoint Commissioner for some further investigation or information - A local inspection, whether necessary or not, depends on several facts, factors and circumstances and in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of local commissioner - Demarcation of suit land - Held, since at the time of earlier demarcation defendant was absent, it is necessary to obtain demarcation to prove encroachment of plaintiff's land by defendant by way of reliable evidence - Encroachment of plaintiff's land by..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Suit for possession - Local investigation - Appointment of commissioner - Evidence has been considered by two courts below and courts below have not found any boundary dispute nor felt difficulty in identifying suit land or deciding lis between parties - Held, it was not necessary for courts below..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Appointment - Object - To obtain evidence from spot itself which helps Court to properly and effectively evaluate evidence on record - Report is a piece of evidence and its weight has to be seen by Court alongwith other evidence on record...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Appointment - Defendant in possession - In case identification of property is essential for just decision of case, he can always get property demarcated from competent person who is conversant with technicalities of demarcation and produce him as witness - Held, appointment..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of local Commissioner - Validity - Finding recorded by trial Court that there is no proof regarding settlement of boundaries of Survey Nos.20/2A and 20/2C is forthcoming and in absence of such evidence, suit plot cannot be definitely said to be a part of Survey Nos.20/2C, boundaries of..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Dispute regarding boundaries - Appointment of Local Commissioner to measure the land of plaintiff as well as the defendant - Dispute regarding boundaries can be best adjudicated by taking the assistance of the experts who on measurement can express his opinion - Order of..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Commissioner for local investigation - Legality of - Plaintiff sought for noting and measuring suit room - Measurement of the room in suit is not under challenge - Description of the premises in suit and so-called encroachment have been clearly stated in plaint - Held, no..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Delay - Application cannot be dismissed merely on the ground of delay but a party can be burdened with costs of Commission irrespective of the result of suit - A Local Commissioner is to be appointed for the purpose of elucidating any matter in dispute - Appointment of Local..........

Showing : 51-60 of 83 Results