Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - Disobedience of order of Court passed U.O.39.Rr.1, 2 CPC by raising new construction - Burden of proving a fact rests on the party who substantially asserts affirmative issues - Fact of disobedience of order of Court has been asserted by petitioners, as such burden to prove said fact rests..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - Eviction suit - Survey of land was already conducted by same surveyor named in the present application prior to filing of suit - Fresh survey of land sought by plaintiff - However, it is not the case of plaintiff that he did not have access to Tea Estate and he was prevented from carrying..........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Section 151 -- Interim injunction - Violation of order - Appointment of local commissioner - In the instant case, defendant continued construction on disputed property after the order of interim injunction - Said act of defendant amounts to disobedience..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Second Local Commissioner - Not permissible without expunging earlier Commissioner's report...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local Commissioner - Can be appointed in a simplicitor for injunction when dispute is regarding identity of property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - For demarcation of suit land - Suit for declaration of title and permanent injunction - Serious dispute between parties with regard to boundary/area of scheduled suit land specially with regard to identity of land - No effective decree can be passed without appointment of commissioner - Commissioner..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the appellant - Held, dismissal of..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - No indication as to why defendant failed to disclose details in the original written statement - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment - Demarcation of suit property - Demarcation report of adjoining land to suit property, as obtained by defendants - Cannot be considered to find out encroachment if any made by defendants over suit property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner at belated stage - Demarcation of suit property - O.26.R.9 CPC, nowhere prohibits institution of application at a belated stage and rather should be filed at a stage when in the interest of justice it is required to do so - In the instant case, evidence of parties except for plaintiff's..........
