Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Can be appointed in a simplicitor for injunction when dispute is regarding identity of property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - For demarcation of suit land - Suit for declaration of title and permanent injunction - Serious dispute between parties with regard to boundary/area of scheduled suit land specially with regard to identity of land - No effective decree can be passed without appointment of commissioner - Commissioner..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Demarcation of suit property - Demarcation report of adjoining land to suit property, as obtained by defendants - Cannot be considered to find out encroachment if any made by defendants over suit property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at belated stage - Demarcation of suit property - O.26.R.9 CPC, nowhere prohibits institution of application at a belated stage and rather should be filed at a stage when in the interest of justice it is required to do so - In the instant case, evidence of parties except for plaintiff's..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner at belated stage - Encroachment - Demarcation of suit property - Encroachment made during pendency of suit - In order to appreciate the facts and circumstances of case and also evidence available on record, local inspection therefore, is essentially required to be got conducted - Application..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Boundary dispute erupting inter se parties - For resting the said dispute, appointment of Local Commissioner is imperative...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - Identification of decreetal property - Mistake of not mentioning Dag No.and Patta No.in decree is not in consonance with provisions of O.26.R.9 CPC, which ought not to be allowed to frustrate lawfully passed decree - Deficiencies in decree can be corrected by exercising powers vested in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Application U.O.26.R.9 CPC, is not to be allowed at whims of parties - Satisfaction has to be that of Court and though said satisfaction of Court can also not be arbitrary, but then there has to be cogent material on record placed by applicant to satisfy Court that appointment of Local Commissioner is necessary for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - At appellate stage - Appellate Court does not deem it fit to appoint Local Commissioner for demarcation of suit land, as no such application filed either before trial Court or before appellate Court - Even no explanation given for the same - Moreover, misleading substantial questions of law..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - Suit for permanent injunction - Demarcation of land made by Government agency - Sketch map and stress map marked as exhibits on behalf of plaintiffs without any objection - Evidence is available on record to decide lis - Thus, there is no need to appoint Survey Commissioner - Application..........
