Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Determination of actual position of suit property - Report by a local Commissioner would in fact help in effective adjudication of issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local commissioner would result in creation of any..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - Broad Guidelines : (i) Power of Court to appoint Commissioner for local inspection or any other purpose provided in O.26 CPC is discretionary; (ii) discretion to exercise power U.O.26 CPC is not governed by form of suit; (iii) issue framed in the suit, or where issue is not yet framed,..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Where appointment of Local Commissioner would amount to collecting evidence, same would not be allowed, as said facts are to be ascertained by trial Court after ascertaining and evaluating evidence as may be led by parties - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of land would help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of Local Commissioner would result in creation of evidence in favour of plaintiff - Application allowed...........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Local Commissioner cannot be appointed to collect evidence on behalf of parties...........
Civil Procedure Code, 1908, Section 115, 115, Order 26, Rule 9 -- Appointment of Local Commissioner - Dismissal of application - Revision thereagainst is not maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Defendants are required to produce relevant material in suit proceedings on their own to establish their case - Scope of O.26.R.9 CPC is limited and this discretionary power cannot be invoked as a matter of right by any of parties to suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9 -- Temporary injunction - Appointment of Local Commissioner - Court cannot appoint Commissioner, as collection of evidence cannot be permitted while deciding application U.O.39.Rr.1, 2 CPC...........
