Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report - Objections raised - Report of the Local Commissioner cannot be relied upon and treated as evidence without first deciding the objections made thereto by a party...........
Civil Procedure Code, 1908, Order 18, Rule 2, Civil Procedure Code, 1908, Order 26, Rule 1 -- Examination on commission - Power of attorney holder of plaintiff already examined - Plaintiff was under bona fide belief that examination of her attorney as a witness would suffice - In view of the law laid down by High Court examination of party as a witness is necessary..........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Examination on commission - Does not include two different reliefs - Two different applications not required...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Where identity of property involved in suit for declaration of title and for injunction is disputed, Court can issue commission to make local inspection to identify property involved - Decreeing suit without resolving such dispute is irregularity...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed to report as to which of the party is in possession of the house in dispute because it would amount to delegate the power of Court to determine the real issue in the case...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint Local Commissioner - Not revisable - Division Bench judgment in Smt. Harvinder Kaur's case 1979 PLJ 562 Followed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner, appointment of - Plaintiff has shown whole of house in dispute as his ownership whereas defendant has shown about half portion of house as his own and remaining half that of plaintiff - Local Commissioner cannot be appointed to report as to which of the party is in possession of the house in dispute -..........
Land Acquisition Act, 1894, Section 26, 18 -- Liability to pay interest on the amount determined by District Judge in the Award on a reference under Section 18 - From the date of deposit of amount determined by District Judge in the Award - Liability of judgment - debtor to pay further interest - Will cease - and come to end - Civil Procedure Code, Order 21 Rule 11 sub -..........
Civil Procedure Code, 1908, Order 26, Rule 5, Civil Procedure Code, 1908, Order 16, Rule 19 -- Witness - Examination on commission - Only surviving witness to the Will permanently residing in Florida, U.S.A. - Allowing said witness to be examined on commission would entail heavy expenses on plaintiff - Recording of evidence of such a vital witness in Court is necessary as..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of Local Commissioner in another case - Evidence in that suit, can be taken note of in that suit and forms part of record of that suit - Mere production of Report of Local Commissioner and proceedings in another case - Will not serve the purpose...........
