Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Possession of parties over suit property cannot be determined by issuance of commission...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application U.O.26.R.9 CPC to conduct an investigation and examination regarding possession of parties to a dispute would not be maintainable, particularly when there is no explanation furnished by plaintiff that he could not have access to any documents required for proving his possession over..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Cannot be allowed merely for 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 Advocate Commissioner - To note down existing physical features of suit property - Dispute with regard to identity of suit property - Court has to necessarily issue a commission for localizing suit land with assistance of Surveyor even in a suit for bare injunction - Appointment of Advocate Commissioner is..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To note down physical features - A further clarity would be obtained to localize the suit property with boundaries and by doing so no prejudice would be caused to parties...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10, 14 -- Local Commissioners Report - Law as to : (i) Court can set aside Commissioners Report if it is totally dissatisfied with the Commission report; (ii) Court can also remit commission report for further inquiry; (iii) Court can also appoint a fresh commission without setting aside the earlier commission report; (iv)..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Neither there is specific bar, nor hard and fast rule that Advocate Commissioner cannot be appointed before commencement of trial or before passing an order granting temporary injunction, particularly when appointment of an Advocate Commissioner would help in disposing application for..........
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Appointment of second Commissioner - Res judicata - Where Court Commissioner fails to present before Court correct picture prevailing at the site, trial Court itself is empowered to appoint another Court commissioner and there is no question of attracting principle of res judicata...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Remeasurement of land - Trial Court appointed Court Commissioner but his report was rejected as he did not follow proper procedure at the time of conducting measurement - If Appellate Court agrees with the finding of trial court about non..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Form of a suit is never the guiding or deciding factor while considering application for appointment of a Commissioner - Guiding factor is `whether the report is necessary for elucidating matters in dispute'...........
