Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When plaintiff is in possession of suit property and no encroachment is made by defendants, he cannot seek for appointment of Advocate Commissioner in order to collect evidence in a suit for permanent injunction...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit property is an agricultural land - No material is placed with application filed for appointment of advocate commissioner - Evidence of petitioners is already completed - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When there is a title dispute yet to be adjudicated in the suit, demarcating boundaries as per documents produced by parties, would not be proper - If plaintiff succeeds to prove his title, then in such a case further steps of fixing boundaries and demarcating boundaries would arise - But..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Advocate Commissioner can be appointed to note down physical features of suit property which would include the exact location of property so as to survey number and boundaries existing with regard to suit property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of a Local Commissioner is sought solely for the purpose of collecting evidence, such an appointment is impermissible and ought to be disallowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - For existing status of property on the spot and not for the purpose of collecting evidence - Existing physical status of suit property as it stood at the time of filing of suit as well as on today is indeed relevant and necessary for just and effective adjudication of issues involved -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court may issue commission U.O.26.R.9 CPC where local investigation is required for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not merely with regard to possession, but pertains to identification and demarcation of their respective shares - Both sides are asserting possession over different portions of same khasra number and controversy essentially revolves around exact demarcation of..........
Civil Procedure Code, 1908, Order 18, Rule 19, Civil Procedure Code, 1908, Order 26, Rule 1 -- Statement of witness - Appointment of Local Commission - Once Court is satisfied from medical record and age of witness that attendance in Court is not possible without risk to health, Court can direct evidence to be recorded through commission - Wrong mentioning of O.10 CPC in..........
Civil Procedure Code, 1908, Order 26, Rule 10A, Evidence Act, 1872, Section 112 -- DNA test - Compelling such tests without imminent need, imperils not only the sanctity of marriage, but legitimacy of the child and also becomes violative of the fundamental rights to privacy and dignity, as obtaining under Article 21 of the Constitution of India - No material is placed..........
