Civil Procedure Code, 1908, Section 75(e), Order 26, Rule 10A -- Scientific investigation - Scientific survey/investigation proposed to be carried out by Commission is necessary in the interest of justice and shall benefit the plaintiffs and defendants alike and come in the aid of trial Court to arrive at a just decision - Application rightly allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration and permanent injunction - Both the parties claim title over suit property - In case of title over suit property, parties should prove their case by themselves by letting legally acceptable evidence - Considering nature of relief sought in the suit and rival claim..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - There is no restriction or bar imposed with respect to stage of issuance of Commission - Commission can be issued if in view of Court, it is necessary for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner is a discretionary power - If Trial Court considers it necessary for elucidation of the matter in dispute by getting report of Advocate Commissioner, High Court would not interfere in such exercise of discretion of trial Court - Application rightly allowed...........
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...........
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...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute with regard to vacation of shops in question - Physical inspection of shops in question is thus, relevant and will be of certain use and assistance of Rent Controller for deciding relationship inter se tenant and landlord as to whether it exists on land owned by landlord -..........
