Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Apartment complex - Encroachment or alteration - Plea of defendant that plaintiff himself has produced photos of the actual site and that there was no necessity for appointment of Commissioner - Task of an Advocate Commissioner would throw more light into the actual facts on the spot and..........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Refusing to appoint local commissioner - Revision - Maintainability - Neither any issue has been decided nor rights of parties adjudicated in refusing to appoint local commissioner - Revision against such an order is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - A party cannot be allowed to collect evidence through Court - Each party has to lead evidence in support of its case and it cannot be allowed to lean on the Courts for the same...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second Commissioner - Report of Commissioner exhaustively dealt with and he was thoroughly cross-examined - Except pointing out statement in cross-examination of Commissioner, nothing is shown as to how repot of Commissioner is not sufficient to prove the case of plaintiff - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Report of earlier commissioner appointed does not reveal status of construction raised by defendants - It was thus, in the interest of justice to appoint another commissioner - Application rightly allowed...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Boundaries of suit land were ascertained by way of demarcation conducted by Local Commissioner - Plaintiff objected to report of Local Commissioner only on the ground that demarcation was not carried out on basis of old record - Objections rejected on the ground that in absence of challenge to..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9 -- Temporary injunction - Appointment of Local Commissioner - Court cannot appoint Commissioner, as collection of evidence cannot be permitted while deciding application U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Can be directed only after recording of evidence...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Dismissal of application U.O.26.R.9 CPC not on merit but taking a pedantic view - Court has exercised its jurisdiction illegally and with material irregularity - Revision lies against such order in view of S.115 CPC (As in U.P.)...........
