Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Averments in application seeking appointment of Commissioner itself sufficient to come to a conclusion that appointment was sought only for the purpose of collecting evidence - Commissioner cannot be appointed for collecting evidence - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of property - Local Commissioner should confine himself to only demarcation of properties according to revenue records without expressing any opinion on encroachment which is the judicial function to be performed by trial court on totality of evidence yet to be adduced by the parties - He..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed for purpose of collecting evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can appoint local commissioner to make local investigations, when Court is of the opinion that same is necessary for just decision of case - Object behind the provision is not to collect evidence on behalf of either of the party, but to elucidate any point, which is left doubtful, after the evidence..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down standing crops in property - Such an inspection will only amount to finding out who is in possession of property and will amount to collecting evidence - Order allowing application held, set aside...........
Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment at the stage of rebuttal evidence - Plaintiff cannot seek appointment of Local Commissioner to collect evidence at rebuttal stage after closing his evidence - Application for appointment of Local Commissioner rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - To verify the situation prevailing on the spot - Clearly amounts to collection of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for cancellation of sale deed - Issue of possession and appointment of Commissioner to ascertain factum/status of possession is hardly relevant - If a Commissioner is appointed, it would be nothing short of collecting evidence on plaintiff's behalf - Application held, rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Evidence of Commissioner itself is not proof of title...........
