Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Objections to report not filed - Commissioner not examined personally in open Court - Court had not chosen to make further inquiries - Held, in absence of objections, Court rightly accepted Local Commissioners Report...........
Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed for purpose of collecting evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can appoint local commissioner to make local investigations, when Court is of the opinion that same is necessary for just decision of case - Object behind the provision is not to collect evidence on behalf of either of the party, but to elucidate any point, which is left doubtful, after the evidence..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Cloud on title of party over property can never be resolved with report of an Advocate Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Can be appointed in suit for bare injunction - However, such an appointment must be only in cases where it is necessary for localising the property, when there is a dispute regarding boundaries or there is an attempt made to alter the physical features of the property etc. - In a suit for bare..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down standing crops in property - Such an inspection will only amount to finding out who is in possession of property and will amount to collecting evidence - Order allowing application held, set aside...........
Civil Procedure Code, 1908, Order 18, Rule 3, Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment at the stage of rebuttal evidence - Plaintiff cannot seek appointment of Local Commissioner to collect evidence at rebuttal stage after closing his evidence - Application for appointment of Local Commissioner rightly dismissed...........
Civil Procedure Code, 1908, Section 141, Order 26, Rule 4 -- Examination of witness on commission - Proposed witness party to the suit who did not choose to contest the suit - Specific medical grounds stated for inability of witness to attend Court and to depose - Witness found to be important witness to the defendants to rely and to canvass their claim in the suit -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - To verify the situation prevailing on the spot - Clearly amounts to collection of evidence - Application rightly rejected...........
