Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate Commissioner - Plea that description of the boundaries of property and location of property in plaint do not match the situation on the ground - Evidence in relation to the situation on the ground, especially in view of rival submissions can only be resolved by way of an Advocate Commissioner..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of investigation commissioner - Right of pre-emption - Pre-emptor in the case has simply to prove that he was an adjacent owner - Such proof could easily be accomplished on the basis of respective title deeds, mouza map, record of right, land plan annexed to deeds etc. - Local features of the plots would hardly be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit land is abadi deh - Application was filed before framing of issues alleging interference by defendants on the suit land which was denied by defendants - Onus to prove the case lies with plaintiff to prove the fact - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Land demarcated by Revenue Authorities before filing suit - However, Tehsildar, who conducted demarcation died before plaintiff could conclude his evidence - Fresh demarcation by Revenue Authorities will take indeterminate period for adjudication - Trial Court to appoint Revenue Officer as..........
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 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit land claimed to be common pathway - It was basically claim of title over the land which is said to be a pathway allegedly used by both the parties - Claim has to be determined by Court on the basis of oral and documentary evidence - Suit is at the stage of arguments - Application..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of property - Suit for possession and mandatory injunction - Prima facie there does not appear to be any dispute regarding demarcation of land, as suit simpliciter is for possession and mandatory injunction - It is for plaintiff to prove his case and she cannot take the aid of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of writ petition dismissed in default - Application for restoration was filed within a period of one month which fact has been admitted by State - Said application was never considered on merits - Appellant still claims to be in possession of land under acquisition, writ petition preferred by appellant should have..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner for demarcation of suit land - Plaintiff had sought amendment in the suit on the ground that during pendency of suit certain part of suit land stood encroached by defendant - This presupposes that plaintiff was aware of his boundaries and only thereafter he levelled allegations against..........
