Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Appointment of Local Commissioner is always to ascertain state of affairs and is not an adjudication of matter - Adjudication has to be done by Court before whom matter is pending and Local Commissioner would only prepare report on state of affairs...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No rights are determined merely with appointment of a Local Commissioner and submission of his report...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local commissioner can only ascertain things as they exist on site as per averments made in plaint and written statement - Whether there is an encroachment or not would be exclusive domain of Court...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Advocate Commissioner can be appointed in a suit for perpetual injunction only where there is a serious dispute pertaining to boundaries or identity of property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Any report regarding existing construction, assessment of loss to plaintiffs, estimated costs, estimated time and whether property is fit for habitation or not, would amount to collection of evidence in favour of a party, which would be injustice to other party...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vested in favour of a party to get commission issued and rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Revision - Order dismissing application U.O.26.R.9 CPC - Revision against an order dismissing application for appointment of Local Commissioner is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - No dispute regarding identity or location of suit property - Even, there is no dispute regarding measurements of property - It is not a case of defendants that plaintiffs encroached their property - Relief sought by defendants to note down physical features is nothing but amount to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner can be appointed for determining physical features of property but not for verifying and gathering evidence as to who is in possession of property...........
