Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey knowing Commissioner - Can be made at any stage of suit provided pre-conditions enumerated in O.26.R.9 CPC exist - Power of Court to appoint Commissioner cannot be cabined, cribbed or confined...........
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 and noting down the physical..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Failure to serve notice to either of the parties - Report should not be considered and cannot be accepted as evidence...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision thereagainst - Not maintainable as order does not decide any substantial right between parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate commissioner - Can be appointed for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Report of Advocate commissioner - Evidentiary value - A party can countermand the evidence of Commissioner's report by letting in other evidence, as local examination of commissioner can only report on existing facts and not how they came about...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Measurement and demarcation of suit lane by measuring property of both plaintiff and defendant - Injunction suit - Dispute as to encroachment of suit lane - However, there is no material on record to show what are the measurements of lane and by what document and what is encroachment..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Bar U.O.9.R.9 CPC - Not applicable when earlier suit and subsequent suit are for partition, as suit for partition only brings severance of status and cause of action continues till there is actual partition...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Suit for perpetual injunction - There is no thumb rule that in a suit for perpetual injunction, an advocate Commissioner cannot be appointed - However, the law is well settled that a Commissioner cannot be appointed to find out as to who amongst the parties is in possession of suit property..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Suit for perpetual injunction - Application seeking appointment of local commissioner to show that boundaries given in plaint schedule plots are incorrect - Appointment of commissioner to note down physical features and boundaries of disputed properties are incidental and complimentary in..........
