Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Object - To obtain evidence from spot itself which helps Court to properly and effectively evaluate evidence on record - Report is a piece of evidence and its weight has to be seen by Court alongwith other evidence on record...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Defendant in possession - In case identification of property is essential for just decision of case, he can always get property demarcated from competent person who is conversant with technicalities of demarcation and produce him as witness - Held, appointment of local commissioner is not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application filed at appellate stage for collection of evidence with purpose of procrastinating execution of eviction decree - Application rejection - No error...........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioners report - Objections filed - Failure or omission to consider objections - Objector can raise the ground that report of commission be not acted upon having ignored to consider his objection and decided whether it ought to be remitted or set aside, irrespective of the fact that he did not cross examine..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Surveyor's plan - Cannot independently be admitted as "evidence" in the absence of any reference in the commission report about its correctness or truth of the details shown therein...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed to collect additional evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court has discretion to appoint Local Commissioner or not - Court can appoint Local Commissioner when it is necessary to arrive at a just conclusion either way or when Court feels that there is some ambiguity in the evidence which can be clarified by making inspection...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - When controversy between parties is regarding identification and demarcation of adjacent lands a Commissioner ought to be appointed for demarcation of the lands...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For the purpose of demarcation of adjacent lands the evidence and report of a survey knowing person is very much essential - The survey knowing person may be a private Amin taken privately by any or both the parties or it may be a survey knowing Commissioner..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Validity - Finding recorded by trial Court that there is no proof regarding settlement of boundaries of Survey Nos.20/2A and 20/2C is forthcoming and in absence of such evidence, suit plot cannot be definitely said to be a part of Survey Nos.20/2C, boundaries of which are uncertain -..........
