Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Party seeking appointment of a Commissioner must make an endeavour to bring on record the material which he seeks through a Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey knowing Commissioner - Neither there is any dispute with regard to description of suit property nor there is any issue regarding the nature of possession of parties - Petition U.O.39.R.2-A CPC is also pending for alleged violation of interim order of injunction - Onus of proof of alleged encroachment by..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Application U.O.21.R.26 CPC filed before executing Court, which had passed the decree, is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To inspect the suit property - Dispute in question requires elucidation and it is local in character and can only be done by local investigation at the spot - Identification of property can only be done by a Taluk Surveyor and presence of an Advocate Commissioner would only give further..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - It is discretion of Court to issue survey commission for identification of property in dispute if required for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of investigation commissioner - Right of pre-emption - Pre-emptor in the case has simply to prove that he was an adjacent owner - Such proof could easily be accomplished on the basis of respective title deeds, mouza map, record of right, land plan annexed to deeds etc. - Local features of the plots would hardly be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Purpose of O.26.R.9 CPC is not to assist either of parties to the lis to collect evidence in its support - It is to elucidate a fact, if Court is of the opinion that elucidation of said fact cannot be done except by exercising powers U.O.26.R.9 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit land is abadi deh - Application was filed before framing of issues alleging interference by defendants on the suit land which was denied by defendants - Onus to prove the case lies with plaintiff to prove the fact - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Boundary dispute - Court is not bound to issue commission in every case of boundary dispute, merely on the asking of a party - Court has to see bona fides of party asking for appointment of commission...........
