Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Application to appoint local commissioner to note physical features of suit property sought at the stage of arguments - At this belated stage the relief of this nature cannot be granted...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner can be appointed in a suit for perpetual injunction - However, commissioner cannot be appointed to find out as to who amongst the parties is in possession of property as it is the function of Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - To note down physical features of property - Cannot be said as an attempt to gather evidence...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision against - Not maintainable, as it is primarily against discretion and domain of Court below...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision - Report of demarcation available on file and demarcation was done by Halqa Kanungo - Petitioner has options either to accept the demarcation or file objections to the report of local commissioner or to summon said Halqa Kanungo as a witness for his cross-examination -..........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application to condone delay - Appeal stands dismissed - An appeal presented beyond time is an appeal in the eyes of law for all purposes and an order dismissing appeal on whatever ground is a decree that can be..........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5, Constitution of India, 1950, Article 227 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application - No order passed that appeal also stands dismissed - Writ petition against order dismissing delay condonation application - Held, writ petition is not..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Partition suit - All heirs in partition suit are entitled for share in suit property including daughters, irrespective of their marital status and any suit without impleading all legal heirs, is liable to be dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Ex parte appointment - It should be made clear in the order itself that Commissioner has to give notice to the parties before making inspection and it is duty of Commissioner to comply with the same and if it is not possible for Commissioner to give notice, he must state that fact in the report -..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Local Commissioner - Evidentiary value of report - Commissioner's report and his evidence has to be appreciated with other evidence on record to the extent as to what he noticed during his visit and other features marked by him during local inspection...........
