Civil Procedure Code, 1908, Section 26(2), Order 6, Rule 15(4) -- Affidavit - Filing alongwith plaint as part of verification cannot be used for the purpose of evidence at the time of trial and party has to file a proof affidavit in support of his pleadings in lieu of chief examination at the time of trial...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Court can issue local commission suo motu if in the facts and circumstances of the case, it is deemed necessary that a local commission is required for the purpose of adjudication of the case...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Object of the provision is not to collect evidence which can be taken in the Court but purpose is to obtain such evidence which from its peculiar nature, can only be had on the spot with a view to elucidate any point which is left doubtful on the evidence produced before Court...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Report - Objections - Court should first examine report in the light of objections or submissions of parties and other relevant factors and decide as to whether same is to be accepted as part of record or not - Evidentiary value of commissioner's report can be done at a later stage only after accepting..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision against same is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Process of Court cannot be utilized for collecting evidence for either of the party - Defendant would be at liberty to adduce substantive evidence to corroborate his line of action during trial - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Appointment declined - Order is not revisable...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 10 -- Local commissioner - Order declining to appoint - Revision thereagainst, held, not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Commissioner can be appointed before issues are framed or evidence is led - Contention that order appointing a Commissioner before evidence is led is premature, held, untenable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Dispute as to nature and use of suit lands - Appointment of advocate commissioner to inspect the suit lands and note down the nature of said lands and uses to which the lands are being put to, cannot be faulted - Said appointment for that purpose by no stretch of imagination can be..........
