Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vested in favour of a party to get commission issued and rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Revision - Order dismissing application U.O.26.R.9 CPC - Revision against an order dismissing application for appointment of Local Commissioner is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not only as regards possession but is also as regards extent and boundaries of their land - Defendants have no objection for appointment of Local Commissioner - Application allowed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - DHs alleged that JDs in violation of decree had raised a wall on the suit land blocking the passage - However, DH did not make any effort to prove spot identification - DH placed reliance upon site plan, prepared by deed writer - However, DH did..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vested in favour of a party to get commission issued - Rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Difference between O.26.R.9 CPC and O.39.R.7 CPC - Civil court has power to appoint Commissioner both U.O.26.R.9, O.39.R.7 CPC - In terms of O.39.R.7 CPC, civil Court can appoint Commissioner for the purpose of inspection of any property which is the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - When Court on the basis of ocular and documentary evidence is not in a position to come to a definite conclusion on a particular issue or fact, same can be clarified by issuing a commission for local investigation...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Object of local investigation by appointing commissioner is not to collect evidence which can be adduced in the Court - It is the Court who has to decide the matter on the basis of evidence to be adduced by parties or evidences already on record...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is within the power of Court to issue a commission to such person as it thinks fit, to make an investigation on some as pect - There is no right vested in favour of a party to get the said commission issued...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation report is already on record - No objection was filed by petitioner to said demarcation report - Neither report of Local Commissioner nor evidence given by said local Commissioner including cross-examination has been placed on record to even remotely show that demarcation was not..........
