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...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Dispute between parties is with regard to intention of parties behind the execution of agreement - Court cannot assist a party for collection of evidence - Fact whether suit property lie on the common path or not can be established by way of evidence and it is for plaintiff or defendant to stand..........
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...........
Hindu Marriage Act, 1955, Section 26 -- Visitation rights granted to father during pendency of divorce proceedings - Modification of place of visitation - Mother is residing in Madurai with minor daughter, while husband is resident of Karur - Distance between two places is about 150 Kilometers - In the process of adjudicating upon the rights of parents, health of child..........
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, Section 30, Order 26, Rule 9 -- Appointment of advocate commissioner - In a suit for injunction, facts could be gathered at the ground level by civil Court by appointment of advocate Commissioner for the purposes mentioned in S.30 CPC and thereafter rights of contesting parties could be gathered - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Merely because defendants seek for appointment of advocate commissioner, same per se does not mean that report would be in favour of defendants - Advocate commissioner is appointed for gathering the truth - If the structures as pleaded by defendants are in existence and Advocate..........
