Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - Broad Guidelines : (i) Power of Court to appoint Commissioner for local inspection or any other purpose provided in O.26 CPC is discretionary; (ii) discretion to exercise power U.O.26 CPC is not governed by form of suit; (iii) issue framed in the suit, or where issue is not yet framed,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Broadly speaking Commissioner can be appointed in cases viz. (i) Dispute relating to easement of air, light, pathway, road, watercourse, etc.; (ii) Dispute relating to boundary, encroachment; (iii) Dispute relating to forgery; (iv) Dispute relating to the existence or otherwise of a stream, pond,..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint Local Commissioner - Does not decide any issue nor does it adjudicate any right or obligation of parties for the purpose of suit - Said order is therefore, not revisable - Revision not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of Local Commissioner would amount to collecting evidence, same would not be allowed, as said facts are to be ascertained by trial Court after ascertaining and evaluating evidence as may be led by parties - Application rightly rejected...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Appointment of Local Commission - Application allowed - Revision thereagainst is maintainable even if jurisdiction has been exercised illegally and with material irregularity...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application U.O.26.R.9 CPC cannot be allowed merely for the purposes of facilitating case of one or other party and it is not the business of Courts to discharge burden of evidence of either party...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commission - Application not supported by any affidavit and in fact referred to plaint which was duly supported by affidavit - Moreover, no explanation furnished by plaintiff as to why and how he could not have access the documents required or even importance or relevance of said documents - Even, no..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of new Commissioner and scrapping of report of Advocate Commissioner - Report of Advocate Commissioner cannot be scrapped on flimsy grounds - Defendants have already filed their objections to the report - Report of Advocate Commissioner by itself will not be a determining factor - It will only be a piece of..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Cannot be appointed for collecting evidence...........
