Showing : 71-80 of 409 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner - At appellate stage - Appellate Court does not deem it fit to appoint Local Commissioner for demarcation of suit land, as no such application filed either before trial Court or before appellate Court - Even no explanation given for the same - Moreover, misleading..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 10A-- Scientific investigation - Court in its discretion, can issue a commission at any stage of the proceedings...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Survey Commissioner - Suit for permanent injunction - Demarcation of land made by Government agency - Sketch map and stress map marked as exhibits on behalf of plaintiffs without any objection - Evidence is available on record to decide lis - Thus, there is no need to appoint Survey..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - No boundary dispute between parties - Plaintiff already got the land demarcated on the basis of which Tatima was issued by Patwari, who later on did not support the case of plaintiff - However, no demarcation report was placed on record to substantiate averments contained in..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Court can appoint Local Commissioner before filing written statement when situation is such that which enables a party to destroy the subject matter of the subject, make it no, est or even make the very filing of the suit a futile exercise or even make the suit a straw and..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Amin (Court) Commissioner - Suit for declaration of right, title and interest and correction of settlement map - Dispute as to measurement of land - There is no impediment to appoint Amin Commissioner to ascertain measurement of land - Application allowed...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Appointment without notice to opposite party - Though O.26.R.9 CPC per se does not envisage notice to opposite party, but order containing unilateral direction without notice to opposite party is unusual and contrary to convention and practice - Moreover, Court shall not..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 10-- Local Commissioner - Demarcation report - Once there is no objection to the demarcation report, same is to be taken as concededly accepted...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7, Civil Procedure Code, 1908, Section 94-- Joint family business - Suit for rendition of accounts - Order appointing Advocate Commissioner to take inventory of business conducted in joint family business and to take note of the accounts - Order upheld...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local Commissioner - Direction to submit report as regards possession and user of land - Held, this amounts to collection of evidence which is not the object of the provision regarding appointment of Court Commissioner, as contained in O.26.R.9 CPC...........

Showing : 71-80 of 409 Results