Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Inspection by Court or through Court appointed commissioner is resorted to only in those cases where on the evidence led by parties, Court is not able to arrive at a just conclusion or where Court feels that there is some ambiguity in evidence which needs to be clarified by making local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Party to suit cannot request Court to collect evidence for him and every party to suit has to stand on his own legs by adducing independent and reliable evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vest in favour of a party to get commission issued U.O.26.R.9 CPC, rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To visit the spot for measurement of property - Suit for possession - Mere measurement of property cannot be criteria for identification of property - Whether defendants are in possession of plot No.20 or plot no.17 is a matter which has to be decided during course of trial on the basis of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - For collection of evidence, Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation - Merely because State or Municipal Council is party to the suit, it cannot be presumed that Revenue authorities would act mala fidely - Trial Court committed material illegality by rejecting application - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To verify construction of shops - Plaintiff has already filed one demarcation report - Evidence has not begun - Defendant will have full opportunity to cross-examine plaintiff's witnesses with regard to demarcation report relied upon by plaintiff - Liberty is thus, granted to defendant that..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed to collect evidence in support of his case - Plaintiff cannot be permitted to involve Court to hunt for evidence - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Plaintiff asserts that defendant had constructed over his land and defendant denied this fact - There is no dispute regarding boundary or identity of land - Parties have adduced evidence - Defendant has also produced a demarcation report - Justification for seeking demarcation through Local..........
