Civil Procedure Code, 1908, Order 26, Rule 9 -- Survey Commission - When dispute is regarding identity of property Court should issue survey commission and get the property surveyed...........
Civil Procedure Code, 1908, Order 26, Rule 14, Constitution of India, 1950, Article 227 -- Suit for partition - Final decree proceedings in suit - Objections raised by petitioner against report of advocate Commissioner turned down - Petition u/Art. 227 filed challenging order - Held, once a final decree is passed, any party aggrieved can challenge that decree by way of an..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 5, 15 -- and - Examination of witnesses residing abroad - Issuance of commission - Expenses to be born out - Held, petitioner will bear the cost of commission including officer of this Court and accordingly deposit either entire cost of commission in Court, namely with the Registrar, Original Side or bear all costs..........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Section , Order 26, Rule 4A -- Statement of witness - Appointment of Commission - It is totally misconceive to contend that statement of witness has always to be by way of affidavit to be tendered in Court and no commission could be appointed for recording the same...........
Civil Procedure Code, 1908, Order 18, Rule 4(3), Civil Procedure Code, 1908, Section , Order 26 -- Commission - Recording of evidence - Wherever evidence is recorded by Commission, it is advisable that there should be simultaneously audio recording of statement of witness so as to obviate any controversy at a later stage...........
Civil Procedure Code, 1908, Order 26, Rule 4-A -- Commission - Scope - Once witness appears in Court to tender his affidavit, there may not be any need for appointment of Commission for his cross-examination as he is already before Court - However, there can be some exceptions, where cross-examination is deferred and developments subsequent thereto justify appointment of..........
Civil Procedure Code, 1908, Section 47, Order 26, Rule 9 -- Ex-parte decree - Execution of - Appointment of Commissioner for fixation of boundaries - Not a case the decree is void or inexecutable - Held, refusal to appoint Survey Commission on ground that detailed enquiry regarding fixation of boundary cannot be carried out in execution proceedings, improper - Executing..........
Civil Procedure Code, 1908, Section 80 -- Notice - Public Limited company an instrumentality of State under Article 12 of the Constitution of India - Officers of the Company not directly in the service or pay of the Government or remunerated by fees or commission for the performance of thier duties - Held, notice as contemplated u/s 80 CPC need not be issued before filing..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioners report - Objections filed - Failure or omission to consider objections - Objector can raise the ground that report of commission be not acted upon having ignored to consider his objection and decided whether it ought to be remitted or set aside, irrespective of the fact that he did not cross examine..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Surveyor's plan - Cannot independently be admitted as "evidence" in the absence of any reference in the commission report about its correctness or truth of the details shown therein...........
