Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Encroachment - No agreed map between parties - Order allowing application, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Power U.O.26.R.9 CPC to appoint commissioner is discretionary - If discretion has been exercised by Court, it cannot be said that Court has committed error of jurisdiction by allowing application O.26.R.9 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Provision of O.26.R.9 CPC is not meant to collect evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit for declaration, possession and permanent injunction is pending at the stage of recording of plaintiff's evidence - There is no dispute of demarcation of property in question - Prima facie filing of application U.O.26.R.9 CPC is an attempt by plaintiff to collect evidence which is not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Case of plaintiff is that defendants are interfering in his possession of suit land - Onus of same is upon plaintiff to lead cogent evidence and prove his case - Said onus cannot be done away with by preferring an application U.O.26.R.9 CPC - Moreover, three opportunities were granted to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To elucidate how much and in what manner defendants have occupied suit land - Suit for permanent prohibitory injunction - Burden of proof was upon plaintiff to establish his case to make sure about his boundary - Plaintiff should have obtained a demarcation from revenue authority to..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioner - Summoning of Court Commissioner along with his instruments to make actual demonstration about the procedure followed by him in conducting the survey - Provision does not permit any of the parties for such demonstration - If any of the party is not satisfied with the survey report submitted by the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Eviction suit - Petitioner never prayed for appointment of Court Commissioner before Rent Tribunal - Rather, petitioner specifically came up with a case that she is in possession of premises in question - Action of petitioner of requesting to appoint Court Commissioner is nothing but an..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Commissioner for the second time for site inspection - If site Commissioner was not able to have full access for considering entire location of property, it cannot be inferred that successive Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 9, 11 -- Report of Commissioner - Commissioner's reports are non-adjudicatory in nature and Courts adjudicate upon rights of parties - Commissioner's report is only an opinion with details and/or statement to the Court of the actual state of affairs...........
