Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Issuing commission for ascertaining market value of any property, or amount of any mesne profits or damages or annual net profits - Sine qua non is satisfaction of Court that it is requisite or proper to issue Commission for the said purpose - Court can exercise this power even suo motu - However,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Since the report of valuer is already on record and affidavit of valuer has been filed as such there is no justification in summoning any other report by issuing commission U.O.26.R.9 CPC - Sine qua non for issuing a Commission to ascertain the market value in terms of provisions of O.26.R.9 CPC has not..........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Commission to examine witness - Facts with respect to sickness or infirmity making it impossible for witness to attend Court neither pleaded nor shown - Ingredients of O.26.R.1 CPC have to be satisfied before a Commission can be appointed - Dismissal of application - No interference...........
Civil Procedure Code, 1908, Section 151 -- Judgment or order obtained by fraud - Court can recall its own order - (a) Any judgment or order obtained by fraud cannot be said to be a judgment or order in law and such judgment decree or order is nullity and non est in the eye of law and can be challenged even in collateral proceedings; (b) Fraud is an act of deliberate..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Cannot be appointed to ascertain as to which party is in possession - However, when there is dispute with regard to identity of suit property, Court has to necessarily issue a commission for localizing the suit land with assistance of a surveyor - Commission for the said purpose can be issued prior to or..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Issue as regards unauthorised construction by defendants without permission of Municipal Corporation - Plaintiff having made allegations in regard thereto had the burden to prove the same - No occasion to issue commission as power of appointment of commissioner for local investigation cannot be exercised..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 1 -- Temporary injunction - Inspection of property - Inspection of any property which is subject matter of suit can be permitted only with a view to arrive at a just decision for considering an application preferred U.O.39.Rr.1 & 2 - If adequate material is already available to..........
Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 19 -- Recording of evidence - Appointment of commission - Application filed by defendants to record their statements by appointing commission - Rights of defendants to lead further evidence closed in terms of order of Court - Held, provisions not applicable to party to litigation who..........
Civil Procedure Code, 1908, Order 26, Rule 1, Land Acquisition Act, 1894, Section 23 -- Market Value - Comparable sale instances - Determination - Appointment of commissioner - Held, it was necessary for the claimant to establish that the lands involved in earlier reference cases are comparable with the land involved in the present case - Without the relevant materials..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Survey Commission - Appellate Court can also issue commission for survey...........
