Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to find out as to who is in possession and who has encroached the property in question and to what extent, as said matter is to be decided by Court on the basis of oral and documentary evidence to be adduced by parties - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court can suo moto issue a commission in cases where it deemed a local investigation to be requisite or proper for purpose of elucidating any point in dispute which is left doubtful after evidence has been led by parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff has to stand on his own legs by adducing cogent, independent and reliable evidence and he could not invoke the provision of O.26.R.9 CPC to ask Court to collect, garner or generate evidence for him...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court can suo moto issue a commission in cases where it deemed a local investigation to be requisite or proper for purpose of elucidating any point in dispute which is left doubtful after evidence has been led by parties...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of Commissioner - Application for appointment of commission is filed by plaintiffs on the first date of hearing before High Court - Application can be moved by any party to the suit at any stage and any time during the pendency of suit - If application for appointment of commission is allowed,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Report filed by commissioner is always subject to evidence of parties and is admissible in evidence - Commissioners are competent witness and they may be called for evidence during the trial, if desired by any party to suit and other party will always have an opportunity to cross examine them...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 26, Rule 9 -- Application for rejection of plaint and appointment of commissioner - Priority to decide first - There is no provision in CPC which requires Court to give priority to one application over the other - Merely because an application for rejection of plaint is filed on the date of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the time of disposal of application for appointment of Commission the cause of action is not to be examined since burden of proof lies upon plaintiffs to prove their cause of action by evidence, which stage shall arise only, later...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the appellate stage - Commissioner can be appointed at the appellate stage, as it would avoid probable remand of the matter...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the appellate stage - Appointment of Commissioner is necessary for measurement, existence of disputed portion and its accurate position and it will also facilitate to resolve controversy involved - Petitioners made sufficient attempts in trial Court - There is no legal impediment for..........
