Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation report is already on record - No objection was filed by petitioner to said demarcation report - Neither report of Local Commissioner nor evidence given by said local Commissioner including cross-examination has been placed on record to even remotely show that demarcation was not..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - Broad Guidelines : (i) Power of Court to appoint Commissioner for local inspection or any other purpose provided in O.26 CPC is discretionary; (ii) discretion to exercise power U.O.26 CPC is not governed by form of suit; (iii) issue framed in the suit, or where issue is not yet framed,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for rendition of accounts - Report - Objection was raised that slips produced by plaintiff were inadmissible in evidence - Once slips is proved to be in handwriting of Accountant, slips cannot be held to be inadmissible in evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 27 -- Appointment of local commissioner - Demarcation of suit land - Demarcation report was already carried out strictly as per statement of PW3 - Objection to demarcation report was not filed by defendant no.1 - At this belated stage, appointment of Local Commissioner cannot be..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Objections to report of Local Commissioner - If an objection to local commissioner's report is made, Court would examine the objection along with other evidence by allowing parties to give evidence as regards the commissioner's report and if need be to examine the local commissioner to elicit the..........
Evidence Act, 1872, Section 115 -- Estoppel - Illegal and unauthorised possession - Suit for possession - Dispute regarding demarcation and identity of suit land - Dismissed by trial Court - Decreed by Appellate Court on the report of Local Commissioner - Issue `Whether the plaintiff is estopped by his own act and conduct from filing the suit' - Decided in favour of..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Objection to report of Local Commissioner - Additional issue framed on the report of LC - Objections against the report of LC - Suit decreed - In appeal contended that objections against report of LC not decided by Trial Court - Judgment of Trial Court set aside - Case remanded back for fresh decision with directions to..........
Punjab Land Revenue Act, 1887, Section 16 -- Lambardari revision - Collector while appointing KC as Lambardar gave his findings that candidate RL was illiterate and was also in unauthorised possession of Panchayat land - Order of Collector upheld in appeal by Commissioner - Objection that report of Local Commissioner regarding unauthorised possession of Panchayat land..........
