Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of commissioner - Objection - Plaintiff was not present at the time when Panchnama was prepared and Panchnama also does not bear signature of plaintiff - Panchnama as well as report is false and fabricated - Order rejecting objections set aside - Trial Court is directed to issue fresh commission in the matter...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Plaintiff seeking rejection of report alleging that report is given in collusion with defendant - Both plaintiff and defendant filed objections to report - Trial yet to commence - After completion of evidence, it is open to Court to accept or reject report - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Boundary dispute - Court to appoint Local Commissioner to ascertain the factum with regard to encroachment, if any, made by either of the parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - When dispute inter se parties can be resolved merely on basis of report of Local Commissioner, Court should appoint Local Commissioner, especially when there is no opposition to such prayer...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Suit for permanent prohibitory injunction - Burden in a suit for permanent prohibitory injunction is entirely on plaintiff to bring convincing evidence to show his possession over plaint schedule property and for so doing, it is not permissible for plaintiff to invoke O.26.R.9 CPC which is..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Power of appointment of Commissioner for local investigation cannot be exercised by Court to enable any party to collect evidence through Commissioner to prove factum of possession or enjoyment, which has to be decided only from oral and documentary evidence to be adduced by parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Purpose of local investigation is to elucidate any matter in dispute, which itself indicates permissibility of collection of evidence, in respect of matters which cannot be effectively proved like measurement, demarcation, identity of property and physical features etc. by oral evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Commissioner cannot report about ownership of articles found in premises, as said aspect is a matter for evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To report as to what part of property is constructed upon and what part is vacant - It does not amount to gathering substantial evidence - Local Commissioner will not state in his report as to who is in possession or not in possession of any part of suit property and in case Local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application filed after 44 years of filing of suit - No explanation given by defendants for such delay in filing application U.O.26.R.9 CPC - Defendants encroached upon certain piece of land belonging to plaintiffs - It would not be in the interest of justice to remand the matter to trial Court..........
