Civil Procedure Code, 1908, Order 26, Rule 1, Evidence Act, 1872, Section 50 -- Suit for partition - Issue is whether the relationship between the deceased `D' and the plaintiffs' mother can be presumed to be a valid marital union, in the absence of formal documentary proof - The defendants, except for denying the marriage between the deceased `D' and the plaintiffs'..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Once JD in pursuance of order allowing appointment of local commissioner appeared before Local commissioner and made her submissions, she was estopped from assailing the same after report was submitted by said Local Commissioner - Order of appointment of Local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Objections filed at the instance of JD to report of Local Commissioner were dismissed - Appointment of local Commissioner is merely for the purpose of assistance to Court and its relevance need to be discussed and deliberated upon during course of proceedings on..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of Local Commissioner - Defendants have filed objections to Commissioner's report - When defendants have filed objections to Commissioner's report, defendants could have examined Court Commissioner - However, trial Court without permitting defendants to examine Court Commissioner, placed reliance on report of Court..........
Evidence Act, 1872, Section 112, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA test - Paternity of child - Husband filed petition for nullity of marriage and to declare that husband is not a biological father of child - Only source available to husband to prove paternity of child is to conduct DNA test - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Appointment of Local Commissioner is always to ascertain state of affairs and is not an adjudication of matter - Adjudication has to be done by Court before whom matter is pending and Local Commissioner would only prepare report on state of affairs...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No rights are determined merely with appointment of a Local Commissioner and submission of his report...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Acceptability of Local Commissioner's report is to be finally decided by Court concerned at the time of arguments keeping in view the report and objections, if any filed by parties...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Local Commissioner's report is not final as defendant would always have right to file his objections to same...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Report is only for ascertaining factual aspect of matter and it is entirely in the domain of Court to decide whether to accept said report or not...........
