Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Re-appointment - Issue as to whether Local Commissioner's report is in accordance with law and can be relied upon or not - Proper course available to petitioner is to file objections to report of Local Commissioner rather than seek re-appointment of revenue authorities for conducting a fresh..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to determine as to who is in possession of suit property - Court cannot collect evidence on behalf of any of parties - Question of possession cannot be determined by Local Commissioner rather it is for parties to lead necessary evidence to establish..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When there is a title dispute yet to be adjudicated in the suit, demarcating boundaries as per documents produced by parties, would not be proper - If plaintiff succeeds to prove his title, then in such a case further steps of fixing boundaries and demarcating boundaries would arise - But..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Advocate Commissioner can be appointed to note down physical features of suit property which would include the exact location of property so as to survey number and boundaries existing with regard to suit property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of a Local Commissioner is sought solely for the purpose of collecting evidence, such an appointment is impermissible and ought to be disallowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - For existing status of property on the spot and not for the purpose of collecting evidence - Existing physical status of suit property as it stood at the time of filing of suit as well as on today is indeed relevant and necessary for just and effective adjudication of issues involved -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court may issue commission U.O.26.R.9 CPC where local investigation is required for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not merely with regard to possession, but pertains to identification and demarcation of their respective shares - Both sides are asserting possession over different portions of same khasra number and controversy essentially revolves around exact demarcation of..........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Order 26, Rule 1 -- Statement of witness - Appointment of Local Commission - Once Court is satisfied from medical record and age of witness that attendance in Court is not possible without risk to health, Court can direct evidence to be recorded through commission - Wrong mentioning of O.10 CPC in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Once JD in pursuance of order allowing appointment of local commissioner appeared before Local commissioner and made her submissions, she was estopped from assailing the same after report was submitted by said Local Commissioner - Order of appointment of Local..........
