Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - To report about existing state of affairs at the spot - Report by Local Commissioner would in fact help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local Commissioner would result in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Not to be appointed to help the parties in collecting evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Local Commissioner to prepare a report about existing status of premises which has been leased out and his report would facilitate Court in adjudication of the matter - Order appointing Local Commissioner, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Can be appointed before evidence stage...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In an earlier suit between the parties, `N' Local Commissioner was appointed - Opposite counsel having no objection in appointment of `N' - `N' appointed as the Local Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Determination of actual position of suit property - Report by a local Commissioner would in fact help in effective adjudication of issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local commissioner would result in creation of any..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Court Commissioner - Commissioner's report would be documentary evidence under Evidence Act - Contention that Commissioner cannot be appointed for local inspection and such a recourse amounts to collection of evidence overlooks the provision of O.26.R.10 CPC...........
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, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
