Civil Procedure Code, 1908, Order 26, Rule 9 -- Suit for possession - Local investigation - Appointment of commissioner - Evidence has been considered by two courts below and courts below have not found any boundary dispute nor felt difficulty in identifying suit land or deciding lis between parties - Held, it was not necessary for courts below to inspect the spot or..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local investigation - Eviction proceedings - Held, provisions of O.26.R.9 CPC while empowering Court with discretion to direct a local investigation for the purpose of "elucidating the matter in dispute" only provides for Court to make local investigation where Court is not clear with regard to matter in dispute such as where..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Object - To obtain evidence from spot itself which helps Court to properly and effectively evaluate evidence on record - Report is a piece of evidence and its weight has to be seen by Court alongwith other evidence on record...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Defendant in possession - In case identification of property is essential for just decision of case, he can always get property demarcated from competent person who is conversant with technicalities of demarcation and produce him as witness - Held, appointment of local commissioner is not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application filed at appellate stage for collection of evidence with purpose of procrastinating execution of eviction decree - Application rejection - No error...........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioners report - Objections filed - Failure or omission to consider objections - Objector can raise the ground that report of commission be not acted upon having ignored to consider his objection and decided whether it ought to be remitted or set aside, irrespective of the fact that he did not cross examine..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioners report - Objections filed - Failure or omission to consider objections - Commissioners report cannot be acted upon merely because report is admitted in evidence...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Surveyor's plan - Cannot independently be admitted as "evidence" in the absence of any reference in the commission report about its correctness or truth of the details shown therein...........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioners report - Objections filed - Failure or omission to consider objections and decide whether a further enquiry was necessary or not, it will be open to contend in second appeal that Courts below ought not have relied upon the report to enter any particular finding on the basis of such report...........
Evidence Act, 1872, Section 61, 62, Civil Procedure Code, 1908, Order 26, Rule 10 -- Admissibility of a document is different from reliability of evidence - Before a piece of evidence is appreciated, Court must make sure that it is admissible in law and it constitutes "evidence" as per law...........
