Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of new Commissioner and scrapping of report of Advocate Commissioner - Report of Advocate Commissioner cannot be scrapped on flimsy grounds - Defendants have already filed their objections to the report - Report of Advocate Commissioner by itself will not be a determining factor - It will only be a piece of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of land would help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of Local Commissioner would result in creation of evidence in favour of plaintiff - Application allowed...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Refusal to appoint local commissioner - Revision - Maintainability - Revision against an order refusing to appoint a local commissioner would not be maintainable, as discretion to appoint a local commission solely rests with Court...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Local Commissioner cannot be appointed to collect evidence on behalf of parties...........
Civil Procedure Code, 1908, Section 115, 115, Order 26, Rule 9 -- Appointment of Local Commissioner - Dismissal of application - Revision thereagainst is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Defendants are required to produce relevant material in suit proceedings on their own to establish their case - Scope of O.26.R.9 CPC is limited and this discretionary power cannot be invoked as a matter of right by any of parties to suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9, 26 -- Petition u/s 9 Hindu Marriage Act - Ex parte decree passed - Husband also granted visitation rights, which includes temporary custody of child - Wife filed petition to set aside ex parte decree - Transfer of petition - Order passed giving visitation rights, which includes temporary custody..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Question that a person is a necessary party is a question of fact depending upon the relief claimed in the suit - However, once it is established that said person is necessary party to the suit, it becomes a question of law and it can be raised for the first time in appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - No dispute regarding identity or location of suit property and property belonging to defendant - Even, there is no dispute regarding measurement of property - In absence of any dispute regarding encroachment or overlapping of property, relief sought for by plaintiff to note down physical..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction - Agricultural land - A recorded tenure holder having prima facie title in his favour cannot be directed to approach Revenue Court for seeking relief of injunction - Suit for injunction is thus, maintainable before a Civil Court...........
