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..........
Civil Procedure Code, 1908, Order 26, Rule 4, 4A -- Commission to examine attesting witness of Will - Attesting witness suffering from various ailments - It is thus, a fit case where Commissioner may be appointed to record evidence of witness - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can appoint Local Commissioner suo motu as provision of S.26.R.9 CPC does not contemplate filing of an application...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In case of necessity, ex parte Commission may be appointed, if Court deems it fit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment by Court suo motu ex parte at the stage of consideration of an application to grant ad-interim injunction - While appointing Local Commissioner no palpable reason given by Court as to why Advocate Commission is required to be appointed ex parte, suo motu dispensing notice to other side -..........
Indian Penal Code, 1860, Section 395, 412, Arms Act, 1959, Section 26, 35 -- Offence u/ss 395, 412 IPC and Ss.26, 35 of Arms Act - From cross examination of informant it is apparent that he cannot identify accused who has threatened him and who had taken away money from bag in vehicle - Identification of accused in TIP is also not reliable - Though PW7 and PW8 who are eye..........
