Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issuance of Commission - Commissioner appointed before filing of written statement - Defendant disputed the identity of property in written statement - No prejudice will be caused to the defendant, in the re-issuance of Commission - Report of Commissioner may be of use to decide the issue in the suit and to avoid lengthy..........
Civil Procedure Code, 1908, Order 21, Rule 26, 29, 101, 103 -- Application for stay of execution does not have any trapping of a decree as is contained in O.21.Rr.101, 103 CPC...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 26, 29 -- Declining of stay of execution - Does not operate as res judicata only because S.11 Explanation VII CPC is applicable to execution as well...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For ascertaining age of apple plants - Possession of plaintiff over suit land is not disputed - Since possession of plaintiff over suit land is not in dispute, then obviously no purpose is going to be served by appointing a Local Commissioner for ascertaining the age of apple plants - Moreover, age of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Civil Engineer as Commissioner - Report of two advocate Commissioners are already on record and against which no objection was raised by any of the parties - Application for appointment of Civil Engineer as Commissioner rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Object of appointment of a Local Commissioner in software piracy matters is not, as much to collect evidence but to perverse and protect the infringing evidence and strict proof is not required to be given at initial stage...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Ex parte appointment - Plaintiffs prima facie prove that defendants has illegally accessed copyright photographs and database of plaintiffs company from its website and might have transferred it to CREXi, who is the competitor of plaintiffs company - CREXi used the said copyright photographs and database..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Court Commissioner - Nature of land - To be proved by parties - Commissioner cannot be appointed to collect evidence - Order appointing Commissioner, set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Cannot be appointed for collection of evidence in favour of any party...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Cannot be appointed for ascertaining boundaries and possession in support of his case - Plaintiff has to prove his case through independent evidence - Moreover, there is no dispute with regard to boundaries or physical features - Application rightly dismissed...........
