Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of advocate commissioner - Is substantive evidence in a suit, where advocate commissioner is appointed to inspect the spot and to make investigation together with evidence enclosed therewith - Rejection of Commissioner's report in toto by saying that he was not examined as a witness is contrary to legal principle..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioner - Report of Commissioner and evidence taken by him shall be considered as evidence in suit and shall form part of record and need not to be proved - Therefore, plea that Commissioners' report has not been proved by examining Commissioner, rejected...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of local Commissioner - Objection as to legality and validity of Commissioner's report, if not redressed by trial Court, same can be raised in appeal - Even if objections raised to the report of Local Commissioner are rejected, aggrieved party can still agitate the legality and validity thereof at the time of final..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Objection to report - Court to obtain fresh report in case of rejection of report...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Report - Court issuing commission has to be satisfied with regard to proceedings of Commissioner - Objections are invited from parties - After hearing objections Court has to record its satisfaction - Court may confirm report or may direct such further inquiry to be made - If Court is not satisfied..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Order rejecting commissioner's report - Order of acceptance and rejection of commissioner's report is an interlocutory order and revision against same is not maintainable...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Application to appoint local commissioner to note physical features of suit property sought at the stage of arguments - At this belated stage the relief of this nature cannot be granted...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner can be appointed in a suit for perpetual injunction - However, commissioner cannot be appointed to find out as to who amongst the parties is in possession of property as it is the function of Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - To note down physical features of property - Cannot be said as an attempt to gather evidence...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision against - Not maintainable, as it is primarily against discretion and domain of Court below...........
