Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Report is only for ascertaining factual aspect of matter and it is entirely in the domain of Court to decide whether to accept said report or not...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local commissioner can only ascertain things as they exist on site as per averments made in plaint and written statement - Whether there is an encroachment or not would be exclusive domain of Court...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Final decree - Partition suit - Appellant already filed a memo of instructions to allot his 7/30 share with plaintiffs share in "A" schedule property along with his mother and one of sisters - He has not raised any objection during final decree proceedings nor he preferred any appeal challenging final decree..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Advocate Commissioner can be appointed in a suit for perpetual injunction only where there is a serious dispute pertaining to boundaries or identity of property...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner - Neither it is open to Commissioners to record any finding with regard to possession of suit land nor to record statements of witnesses to ascertain as to which of party is in possession of suit land - However, Commissioner is well within his jurisdiction to submit a report as regards physical features existing..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner's report - May not be evidence similar to the provision of O.26 CPC - However, in a given circumstance, it is treated so, though, for a limited purpose...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Pleader Commissioner - Dispute lies regarding use and utility of suit land either for cultivation purposes or having a school over the same - Petitioner denied claiming that there is no school building - Appointment of Commissioner is the right way to deal with the situation - For deciding an application for..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - De novo trial - When case can be decided on interpretation of documents available, there is no need to remit the matter only for appointment of another Court Commissioner...........
Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation - Order granting dispensation of mandatory requirements of pre-institution mediation - No reasoning was assigned by Commercial Court while dispensing with mandatory requirements of application u/s 12-A of the Act - Rather contents of application u/s 12-A of the Act are contrary to reasoning assigned..........
