Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for declaration of title - Defendant admitted in his written statement about existence of structure, stairs over galli in between the house of plaintiff and defendant - He squarely supports case of plaintiff - Order rejecting application is proper...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiffs have been in permissive possession of at least one shop since 2012 and were also found in possession by Local Commissioner - Simply because plaintiffs have filed suit on the basis of an oral agreement of sale, prima facie assessment of merit of such claim of plaintiffs could not have..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Not a boundary dispute - Demarcation in respect of suit property was already conducted - Unless demarcation order once passed in accordance with provisions of Land Revenue Act is set aside or there are allegations of encroachment or change of boundaries after previous demarcation, fresh..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - There is no bar in law to appoint a commissioner for better adjudication of dispute - Hence, a commissioner may be appointed even prior to trial, if required...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at the stage of second appeal - Boundary dispute - Report of earlier Local Commissioner vague and contrary - Local Commissioner could have been appointed by High Court but as it will cause denial to parties to their right to assail report or findings returned on basis of such report as such..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Application filed after lapse of five years from filing of suit at the stage when suit was pending for cross examination of DW2 and to prolong the proceedings - Trial of case is going to be closed and suit is now ripe for arguments - Application rightly rejected...........
Revenue proceedings -- Delay in disposal of proceedings pending before Revenue Courts - Directions issued to both Chief Secretaries for States of Punjab and Haryana, as well as Administrator, U.T., Chandigarh, to the following effect to issue necessary guidelines to all Revenue Courts, defined under all the local Acts : (i) service of notices, summons and exchange of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Objection to the report of Local Commissioner filed by plaintiff - Opposite party cannot be permitted to examine Local Commissioner without disposing of the objections to the report of Local Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Objections - Once specific objection is raised that Local Commissioner has not demarcated the land as per law, Court at the first instance, ought to examine the legality and correctness of the report submitted by the Local Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Under the garb of O.26.R.9 CPC, assistance of Court should not be sought to collect any favourable evidence as onus of proof of their case lies on respective parties by adducing evidence at appropriate stage...........
