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...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order refusing to appoint local commissioner - Revision - Report of demarcation available on file and demarcation was done by Halqa Kanungo - Petitioner has options either to accept the demarcation or file objections to the report of local commissioner or to summon said Halqa Kanungo as a witness for his cross-examination -..........
Punjab Town Improvement Trust Act, 1922, Section 36, Utilisation of Land and Allotment of Plots by Improvement Trust Rules, 1975 -- Acquisition - Release of land - Appellant and the other members of the family, who are the owners of the land covered by the second acquisition, approached the Trust seeking release of land to an extent of 500 sq. yards each - If the area of..........
Civil Procedure Code, 1908, Order 26, Rule 1, 4A -- Local Commissioner to record evidence - Court cannot appoint an Advocate Commissioner without assigning any reasons - Impugned order of appointing advocate commissioner for examination of plaintiff does not show any reason which prompted lower Court to appoint an advocate Commissioner - More so, as per cause title,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Ex parte appointment - It should be made clear in the order itself that Commissioner has to give notice to the parties before making inspection and it is duty of Commissioner to comply with the same and if it is not possible for Commissioner to give notice, he must state that fact in the report -..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of local commissioner - Must be the one obtained after notice to both the parties, in order to apply O.26.R.10(2) CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Local Commissioner - Evidentiary value of report - Commissioner's report and his evidence has to be appreciated with other evidence on record to the extent as to what he noticed during his visit and other features marked by him during local inspection...........
Specific Relief Act, 1963, Section 34, 37, 38 -- Common passage - Suit for declaration - Local Commissioner in his report proved the existence of common passage and also that there is no other passage than the said common passage which is available to plaintiff to approach public road - Said report is corroborated by defendant Nos.3 to 6 as they admitted in their written..........
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Local Commissioner - Plea that suit is barred by res judicata and that an application in a incompetent suit is not maintainable - Res judicata does not apply when proceedings for setting aside ex parte decree are still pending - Held, Local Commissioner, in such a suit, can be appointed...........
