Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Measurement of land within boundaries of plot - Court below dismissed the application for appointment of advocate Commissioner after consideration of evidence and material on record - This Court is not inclined to differ with order passed by Court below - However, defendant..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Declining to appoint - Revision - Order does not decide any rights of parties nor can a Local Commissioner be appointed for collecting evidence on behalf of either of parties, therefore said order is not revisable - Revision being bereft of merit dismissed in limine...........
Civil Procedure Code, 1908, Order 26, Rule 9, Specific Relief Act, 1963, Section 34, 38 -- Appointment of surveyor - Suit for declaration and injunction - Allegation that defendants encroached into plaintiff's land by removing portion of stone wall and throwing rubbish and draining sullage water into his property - Report of Commissioner and Taluka surveyor disclosed..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Denied on ground that Commissioner cannot be used for collecting evidence, as certain things can only be taken on record only after same being led by parties - Moreover, no purpose will be served for appointing commissioner at appellate stage - Recording of such satisfaction is justified and no..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local investigation report - Challenge as to - Commissioner's report on ground that he did not superimpose case map and settlement map - Suit for declaration - Commissioner took paddy plot and private plots as fixed points with the help of both parties - Petitioner neither objected to mode of survey though..........
Civil Procedure Code, 1908, Section 100, Order 26, Rule 9 -- Second appeal - Report of local commissioner - Re-appreciation - Not permissible unless report is perverse or against preliminary decree...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of local Commissioner - Suit land was already demarcated and report of such demarcation exist on record - No fresh demarcation of land could have been ordered at this stage, particularly, when demarcation previously conducted was acceptable to plaintiff also - Application for appointment of local..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10(3) -- Second Commission - Cannot be appointed without formally recording objections to the first Commissioner's report and without superseding the same - Reason for superseding first Commissioner's report also must be given in writing...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Second commissioner - Court if dissatisfied with the report of first Commissioner, it is only open to Court to reissue the same commission...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Appointment made to ascertain whether defendants have encroached upon suit property and raised a wall and installed a gate during pendency of suit - Order as to appointments of commissioner calls for no interference...........
