Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Can be appointed before evidence stage...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In an earlier suit between the parties, `N' Local Commissioner was appointed - Opposite counsel having no objection in appointment of `N' - `N' appointed as the Local Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Neither there is specific bar, nor hard and fast rule that Advocate Commissioner cannot be appointed before commencement of trial or before passing an order granting temporary injunction, particularly when appointment of an Advocate Commissioner would help in disposing application for..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Remeasurement of land - Trial Court appointed Court Commissioner but his report was rejected as he did not follow proper procedure at the time of conducting measurement - If Appellate Court agrees with the finding of trial court about non..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Court Commissioner - Commissioner's report would be documentary evidence under Evidence Act - Contention that Commissioner cannot be appointed for local inspection and such a recourse amounts to collection of evidence overlooks the provision of O.26.R.10 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - Broad Guidelines : (i) Power of Court to appoint Commissioner for local inspection or any other purpose provided in O.26 CPC is discretionary; (ii) discretion to exercise power U.O.26 CPC is not governed by form of suit; (iii) issue framed in the suit, or where issue is not yet framed,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Broadly speaking Commissioner can be appointed in cases viz. (i) Dispute relating to easement of air, light, pathway, road, watercourse, etc.; (ii) Dispute relating to boundary, encroachment; (iii) Dispute relating to forgery; (iv) Dispute relating to the existence or otherwise of a stream, pond,..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Cannot be appointed for collecting evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Local Commissioner cannot be appointed to collect evidence on behalf of parties...........
