Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute between parties is not only as regards possession but is also as regards extent and boundaries of their land - Defendants have no objection for appointment of Local Commissioner - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vested in favour of a party to get commission issued - 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, Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Difference between O.26.R.9 CPC and O.39.R.7 CPC - Civil court has power to appoint Commissioner both U.O.26.R.9, O.39.R.7 CPC - In terms of O.39.R.7 CPC, civil Court can appoint Commissioner for the purpose of inspection of any property which is the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Parties have not led their evidence and there was no issue before Court that require elucidation - Trial Court committed error while appointing Commissioner U.O.26.R.9 CPC - Order of appointment of Commissioner set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - When Court on the basis of ocular and documentary evidence is not in a position to come to a definite conclusion on a particular issue or fact, same can be clarified by issuing a commission for local investigation...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Object of local investigation by appointing commissioner is not to collect evidence which can be adduced in the Court - It is the Court who has to decide the matter on the basis of evidence to be adduced by parties or evidences already on record...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of pleader commissioner - To certify the age and size of house - Suit for recovery of possession and eviction filed on the basis of sale deed - Both the parties thus, are knowing the area of suit property - Inspite of that application for appointment of commissioner was filed - Application rightly..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is within the power of Court to issue a commission to such person as it thinks fit, to make an investigation on some as pect - There is no right vested in favour of a party to get the said commission issued...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation report is already on record - No objection was filed by petitioner to said demarcation report - Neither report of Local Commissioner nor evidence given by said local Commissioner including cross-examination has been placed on record to even remotely show that demarcation was not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Court cannot assist a party for collection of evidence...........
