Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record cross-examination - Respondent is suffering from Lungs Cancer and is unable to appear in Court for her cross-examination - Mere fact that husband of respondent is an advocate, apprehension of petitioner that Local Commissioner may be influenced is wholly misconceived and ill-founded, particularly..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - To collect evidence - Not sustainable in law - Appointment of Advocate Commissioner sought after three years of filing of written statement which clearly indicates intention of plaintiff to protract the proceedings - Order appointing Local Commissioner, set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Plaintiff who is a lady aged about 60 years is suffering from various diseases and is unable to climb stairs - She is ready and willing to pay cost for appointment of Court Commissioner - Such appointment has nothing to do with merits of suit, which may affect rights of defendant -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - There is no rigid rule that a Commissioner can never be appointed in a simple suit for injunction...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Identify of property disputed by defendant - Trial Court when wrong in dismissing the application...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To know the existing position at spot - Does not amount to collecting evidence on behalf of plaintiff - Order appointing Local Commissioner calls for no interference...........
Civil Procedure Code, 1908, Order 26, Rule 4A -- Appointment of Commissioner to record evidence of plaintiff - Plaintiff aged about 70 years is suffering from different co-morbidities - Plea that infirmity or sickness of said witness has not been pleaded and/or proved as such commission cannot be issued to record evidence of said witness, not tenable - Court below to avoid..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission - O.26.R.9 CPC does not contemplate appointment of commission for examination of a document and report to Court about oral account of its contents, as if oral account of contents of document is included in report of commissioner that is only secondary evidence and thus, bar for admission to secondary..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Refusal to appoint Local Commissioner - Revision u/art 227 of Constitution not maintainable against order refusing to appoint Local Commissioner...........
