Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner can be appointed in a suit for injunction to note down physical features, localize or demarcate property - This action is permitted to help Court understand the local situation and is not considered a collection of evidence - Such appointments are discretionary..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Petitioner wants to prove existence of a structure in plaint by appointment of an advocate commissioner, which can never be said to be either gathering of evidence or to note down his possession and enjoyment of property - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed by defendant at the very initial stage - Application has to be filed at the time of leading evidence - Order allowing application set aside - Report of Local Commissioner discarded...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC does not apply to filing documents before appellate Court while challenging validity of an order of temporary injunction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where appellate Court permits additional evidence to be adduced, O.41.R.27 CPC casts a mandatory obligation upon Court to record reasons for such admission...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision has no application where appellate Court is in a position to render a satisfactory and reasoned judgment on basis of evidence already available on record...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Appeal seeking re-appreciation of evidence is impermissible in second appellate jurisdiction in the absence of a substantial question of law...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Case has reached its final stage - Transfer of case to another Court at this stage is highly unjustified and improper - Grievance of wife could be adequately addressed by appointing a Commissioner for recording evidence - Moreover, in mediated settlement agreement, wife had expressly agreed to fully..........
