Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - In order to determine whether there has been encroachment, it is always desirable to get fields/plots/areas measured by an expert in order to find out exact area encroached upon - Oral evidence cannot conclusively prove such an issue...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Object of local investigation is not to collect evidence which can be taken in Court but to obtain evidence which from it peculiar nature can only be had on spot - Cases of boundary disputes and disputes about identity of lands are instances where Court should order local investigation...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - To know actual existing position on spot - Sale deed relied upon by plaintiff gives no details of suit land - It only gives that suit land is bounded by such and such property - Appointment of local commissioner will be of no help to plaintiff - More so, plaintiff claimed that he got..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Practice and procedure - Each and every application for appointment of Local Commissioner not to be accepted - It is discretion of Court and it is to be allowed only in cases where Court deems it appropriate that local investigation would be required for resolving dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Boundary dispute between parties - Duty casts upon Courts to appoint local Commission, if necessary for proper adjudication of case, especially where there is boundary dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Encroachment - Application for appointment of local commissioner at first instance filed by plaintiff immediately after framing of issues to prove encroachment - However, same was dismissed by Court on very flimsy ground - Subsequently application again filed by plaintiff which was also..........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Application for appointment of local commissioner dismissed - Revision under Art.227 of Constitution - Not maintainable except in exceptional circumstances...........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151 -- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - For demarcation of suit land - Suit for declaration of title and permanent injunction - Serious dispute between parties with regard to boundary/area of scheduled suit land specially with regard to identity of land - No effective decree can be passed without appointment of commissioner - Commissioner..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at belated stage - Demarcation of suit property - O.26.R.9 CPC, nowhere prohibits institution of application at a belated stage and rather should be filed at a stage when in the interest of justice it is required to do so - In the instant case, evidence of parties except for plaintiff's..........
