Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vested in favour of a party to get commission issued and rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Revision - Order dismissing application U.O.26.R.9 CPC - Revision against an order dismissing application for appointment of Local Commissioner is not maintainable...........
Criminal Procedure Code, 1973, Section 133 -- Proceedings u/s 133 Cr.P.C. - Tehsildar specifically mentioned in his report that drain was constructed for discharging water of house of complainant and one `K' - Respondent constructed the house which caused blockage of drain - Complainant admitted that he had not specified khasra number of drain - No demarcation was obtained..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - It is discretionary power of Court and a party cannot claim appointment as a matter of right - If Court is of opinion that report of Commissioner can help it in arriving at a proper and just decision, it can issue commission - But such exercise of discretion cannot be normally interfered with by..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - Merely on the basis of assertions made by petitioner in his application filed U.O.39.R.7 CPC, wherein he has claimed to have possession over subject land, trial Court cannot appoint a Commissioner so as to serve his cause...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Right to put questions to witness recalled U.O.18.R.17 CPC is given only to Court and even cross-examination is not ordinarily permitted on the answers given to such questions, without leave of Court...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Witness cannot be recalled at the instance of a party for the purpose of examining, cross-examining or re-examining - Power to recall and re-examine a witness is exclusively that of Court trying the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fraud - When fraud is alleged, plaintiff must set forth particulars of fraud which he alleges...........
Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 17 -- Exemption from limitation - Pleading - It is necessary that plaint should show ground upon which exemption from normal period of limitation is claimed...........
