Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Court Commissioner - Commissioner's report would be documentary evidence under Evidence Act - Contention that Commissioner cannot be appointed for local inspection and such a recourse amounts to collection of evidence overlooks the provision of O.26.R.10 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - Broad Guidelines : (i) Power of Court to appoint Commissioner for local inspection or any other purpose provided in O.26 CPC is discretionary; (ii) discretion to exercise power U.O.26 CPC is not governed by form of suit; (iii) issue framed in the suit, or where issue is not yet framed,..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit for possession based on title - Possession of defendant that of trespasser - Civil Court has jurisdiction to entertain the suit - Return of plaint rightly refused...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of new Commissioner and scrapping of report of Advocate Commissioner - Report of Advocate Commissioner cannot be scrapped on flimsy grounds - Defendants have already filed their objections to the report - Report of Advocate Commissioner by itself will not be a determining factor - It will only be a piece of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Title of ownership of landlord is not relevant in an eviction suit - Landlord and tenant are the only necessary parties in such suit - When a person is neither a necessary party nor a proper party and his presence is not required for any complete and effective adjudication of..........
Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Urgent interim relief sought - Order of return of plaint for non compliance of S.12-A of Commercial Courts Act - Impugned order set aside - Court directed to number the suit and consider interim application...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of stranger/third party - Stranger cannot be impleaded in the suit in order to support contesting defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - To claim right against co-defendant - Not permissible...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Petitioners wanted to claim their rights against co-defendant/State, which was not permissible - They failed to point out as to how their presence is necessary for complete and final decision on the question involved in the proceedings - Even, petitioner could not point any legal injury which he..........
