Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is obligatory on the part of Court to arrive at an opinion that a local investigation is requisite or proper for purpose of elucidating any matter in dispute - When this expression is occurring Court below is not right in just writing that no prejudice would be caused to opposite party..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Leave to sue - Before grant of leave, ex parte interim injunction granted and Local Commissioner appointed - Enquiry in the suit can only be taken up after leave is granted - Order granting ex parte injunction and appointment of advocate commissioner set aside being erroneously passed before grant of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Cannot be appointed for purpose of collection of evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit for injunction - Appointment of Court Commissioner, even that of T.I.L.R., to submit factual report as regards possession or user of land, amounts to collection of evidence, hence, not permissible in law...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner to record factual position of land - Suit for injunction - Measurement of lands already done at the instance of plaintiffs and boundaries are fixed - Burden lies on plaintiffs to prove the said existence of their house and its location - Hence, plaintiffs cannot seek appointment of Court..........
Workmen, Section 30 -- Appeal - Compensation - High Court reduced 1/3rd compensation awarded by Commissioner, Workmen's Compensation, on the ground that appellant not lost 100% earning capacity - No substantial question of law raised by insurer - Impugned order of High Court set aside - Compensation as awarded by Commissioner restored...........
Orissa Hindu Religious Endowments Act, 1951, Section 19(1) -- Suit for eviction - Registered sale deed shows that Marfatdar of the deity alienated suit land in favour of plaintiff by means of a registered sale deed - There is no evidence on record that Commissioner of Endowments accorded permission u/s 19 of the Act to sell the land - So-called alienation by person styling..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Encroachment - Where one party alleges encroachment and other denies the same, then it becomes necessary to appoint local Commissioner, because recitals of documents may not reveal true facts and measuring of land on spot by a surveyor or any other qualified person may become necessary...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - In order to determine whether there has been encroachment, it is always desirable to get fields/plots/areas measured by an expert in order to find out exact area encroached upon - Oral evidence cannot conclusively prove such an issue...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Object of local investigation is not to collect evidence which can be taken in Court but to obtain evidence which from it peculiar nature can only be had on spot - Cases of boundary disputes and disputes about identity of lands are instances where Court should order local investigation...........
