Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151 -- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Second Local Commissioner - Not permissible without expunging earlier Commissioner's report...........
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 10 -- Local Commissioner - Report of local commissioner does not hold any efficacy, when local commissioner has no personal knowledge of suit land and did not conducted relevant exercise with respect to suit Khasra number possessing relevant musabi - Thus, mere estimation with respect to location of suit Khasra number made by..........
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..........
