Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of property - Suit for possession and mandatory injunction - Prima facie there does not appear to be any dispute regarding demarcation of land, as suit simpliciter is for possession and mandatory injunction - It is for plaintiff to prove his case and she cannot take the aid of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Tenant seeking appointment of Local Commissioner in appeal - Appellate Court dismissed application by holding that there is sufficient evidence led by both the parties on record to adjudication upon the controversy - Nothing stated as to what prevented for not filing such application in the trial Court -..........
Civil Procedure Code, 1908, Section 92, Order 26, Rule 9 -- Suit u/s 92 CPC - Defendant seeking issuance of Commission before grant of leave u/s 92 CPC - It is not permissible to pass interlocutory orders in a suit u/s 92 CPC before leave to file suit is granted...........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Expert opinion - Sending of promissory note to Security Press to know the year of manufacturing of stamp affixed on promissory note - Stamp on promissory note was of the year 2021 and promissory note receipt was of the year 2019 - In view of same, an opportunity can be given to petitioner to..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA Test - Partition suit - Status of plaintiff as a member of family is denied by defendants - Plaintiff himself has taken risk of seeking DNA profiling to prove his claim that he is member of family - However, both the persons whom plaintiff is claiming to be his parents are not alive - Person who according..........
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 - 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 - 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...........
