Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Ad interim injunction - Local Commissioner - Pending adjudication of ad interim injunction application Local Commissioner can be appointed to note down the physical features of the property in dispute - However, ad interim..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Scope - Provisions of O.26.R.9 & O.39.R.7 operate separately and for different purposes - One is to elucidate the fact in dispute and the other is to obtain full information and evidence mostly for the purpose of keeping on record the existing condition of the property so that if..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Commissioner - Appointment - Construction in violation of sanctioned plan and that Municipal Corporation is not taking any action - Appointment of Commissioner to note down physical features of building under construction - Appointment of Commissioner cannot be said to collect evidence for the party - Commissioner's report..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Second commissioner - Without setting aside the report of the first commissioner, a second commissioner for the self same purpose cannot be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Sufficient evidence, oral and documentary, on record to resolve the dispute - Application for appointment of Local Commissioner rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Report of Commissioner - Can be looked into though Commissioner is not examined as a witness and his report is not exhibited - Commissioner may be examined when substantial objections are raised to his report to have a clear picture - Non examination of Commissioner is not a ground not to take his report..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Parties closed their evidence - Application by respondent at stage of arguments - Not to be allowed - Tantamount to filing lacunas...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commission - Court can appoint suo moto - When local investigation is requisite or proper, Court can appoint Local Commissioner suo moto...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Dispute regarding encroachment of adjoining land - Appointment of Local Commissioner sought for - Defendants denying that there was encroachment - Their claim that they were in possession and enjoyment in view of purchase of land by them - Best evidence in such case could be obtained only by appointment of Commissioner - As..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Court has power to appoint a Local Commissioner for the purpose of elucidating any matter in dispute...........
