Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give any notice to the appellant...........
Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed for purpose of collecting evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can appoint local commissioner to make local investigations, when Court is of the opinion that same is necessary for just decision of case - Object behind the provision is not to collect evidence on behalf of either of the party, but to elucidate any point, which is left doubtful, after the evidence..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Cloud on title of party over property can never be resolved with report of an Advocate Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down standing crops in property - Such an inspection will only amount to finding out who is in possession of property and will amount to collecting evidence - Order allowing application held, set aside...........
Customs Act, 1962, Section 27, 17 -- Claim of refund of duty - An order of assessment or reassessment in case Assistant Commissioner or Deputy Commissioner of Customs while dealing with refund application is permitted to adjudicated upon entire issue which cannot be done in ken of refund provision u/S.27...........
Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment at the stage of rebuttal evidence - Plaintiff cannot seek appointment of Local Commissioner to collect evidence at rebuttal stage after closing his evidence - Application for appointment of Local Commissioner rightly dismissed...........
Revenue entries -- Respondents claimed to be in possession of suit property as tenants - Land Tribunal as well as Assistant Commissioner after due enquiry have rejected their claims on two separate occasions - Claim to be in possession by way of construction of house and not as agriculturists cannot be accepted after failing in all attempts to claim possession as tenant...........
