Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Suit for permanent prohibitory injunction - Burden in a suit for permanent prohibitory injunction is entirely on plaintiff to bring convincing evidence to show his possession over plaint schedule property and for so doing, it is not permissible for plaintiff to invoke O.26.R.9 CPC which is..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Power of appointment of Commissioner for local investigation cannot be exercised by Court to enable any party to collect evidence through Commissioner to prove factum of possession or enjoyment, which has to be decided only from oral and documentary evidence to be adduced by parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Purpose of local investigation is to elucidate any matter in dispute, which itself indicates permissibility of collection of evidence, in respect of matters which cannot be effectively proved like measurement, demarcation, identity of property and physical features etc. by oral evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Commissioner cannot report about ownership of articles found in premises, as said aspect is a matter for evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To report as to what part of property is constructed upon and what part is vacant - It does not amount to gathering substantial evidence - Local Commissioner will not state in his report as to who is in possession or not in possession of any part of suit property and in case Local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application filed after 44 years of filing of suit - No explanation given by defendants for such delay in filing application U.O.26.R.9 CPC - Defendants encroached upon certain piece of land belonging to plaintiffs - It would not be in the interest of justice to remand the matter to trial Court..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for permanent injunction - Actual status of suit land is not available on record - It is thus, necessary to appoint commissioner - Trial Court while directing Commissioner to make inspection and file report alongwith coloured photographs specifically directed that Commissioner would not..........
Civil Procedure Code, 1908, Order 26, Rule 4, 4A -- Commission to examine attesting witness of Will - Attesting witness suffering from various ailments - It is thus, a fit case where Commissioner may be appointed to record evidence of witness - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can appoint Local Commissioner suo motu as provision of S.26.R.9 CPC does not contemplate filing of an application...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In case of necessity, ex parte Commission may be appointed, if Court deems it fit...........
