Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - It is discretion of Court to issue survey commission for identification of property in dispute if required for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Boundary dispute - Court is not bound to issue commission in every case of boundary dispute, merely on the asking of a party - Court has to see bona fides of party asking for appointment of commission...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of land - By appointing a commission to demarcate the land will not amount to collection of evidence in favour of one party for the reason that result remain a contingent and may favour either or none of parties - Application allowed...........
Civil Procedure Code, 1908, Section 92, Order 26, Rule 9 -- Suit u/s 92 CPC - Defendant seeking issuance of Commission before grant of leave u/s 92 CPC - It is not permissible to pass interlocutory orders in a suit u/s 92 CPC before leave to file suit is granted...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court can suo moto issue a commission in cases where it deemed a local investigation to be requisite or proper for purpose of elucidating any point in dispute which is left doubtful after evidence has been led by parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court can suo moto issue a commission in cases where it deemed a local investigation to be requisite or proper for purpose of elucidating any point in dispute which is left doubtful after evidence has been led by parties...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of Commissioner - Application for appointment of commission is filed by plaintiffs on the first date of hearing before High Court - Application can be moved by any party to the suit at any stage and any time during the pendency of suit - If application for appointment of commission is allowed,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 26, Rule 9 -- Application for rejection of plaint and appointment of commissioner - Priority to decide first - There is no provision in CPC which requires Court to give priority to one application over the other - Merely because an application for rejection of plaint is filed on the date of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the time of disposal of application for appointment of Commission the cause of action is not to be examined since burden of proof lies upon plaintiffs to prove their cause of action by evidence, which stage shall arise only, later...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Commission cannot be issued for the purpose of collection of evidence or creating evidence...........
