Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Appointment of commissioner - Suit for declaration & permanent injunction - Plaintiff failed to prove the identity of property by not furnishing the sketches forming part of Ex p1 to p3 (grant certificates) - Lower appellate court..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Boundary dispute - It is always desirable to get suit land or field measured by an expert or competent public official to find out area of suit land encroached upon, more so, when oral evidence cannot help court when it is in form of words by rival parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Issue as regards unauthorised construction by defendants without permission of Municipal Corporation - Plaintiff having made allegations in regard thereto had the burden to prove the same - No occasion to issue commission as power of appointment of commissioner for local investigation cannot be exercised..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner Report - Court is not bound by any report and plan submitted by Advocate Commissioner because there was no request to set it aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Held, issue relating to encroachment cannot be decided without appointment of Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Either party can seek appointment of Local Commissioner in situations where there is controversy as to identification, location or measurement of the land - Local investigation should be done at an early stage so that parties are aware of the report of Commissioner and go to trial prepared - Party against..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Inspection of land - Suit for perpetual injunction - Averment by plaintiffs that `cattle pen' (Aavadu Dhoddi) exists on suit land - Defendants contradicted said plea by filing counter affidavit - Held, appointment of Advocate Commissioner is necessary to note physical features with regard to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - In a suit for bare injunction, Court should discourage filing of an application for appointment of Local Commissioner as the scope of such a suit is very limited...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Appointment of commissioner to note the physical features or to undertake other related activities in a suit for injunction is a rarity...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment of a commissioner cannot be made at the threshold...........
