Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Delay in filing application - Whether there was delay in filing petition for appointment of advocate commissioner should not be ascertained by taking into consideration the date of filing of suit, but date when necessity for filing such petition had arisen is relevant for said purpose...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Delay of 10 years in filing application cannot be made as a ground for dismissal petition, if it is found that appointment of commissioner would aid in appreciating evidence in proper perspective and that it is not filed for the purpose of gathering evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner cannot be appointed to note down as to who is in possession and enjoyment of property or for gathering evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner can be appointed in a suit for injunction to note down physical features, localize or demarcate property - This action is permitted to help Court understand the local situation and is not considered a collection of evidence - Such appointments are discretionary..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Petitioner wants to prove existence of a structure in plaint by appointment of an advocate commissioner, which can never be said to be either gathering of evidence or to note down his possession and enjoyment of property - Application allowed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Restoration of petition filed u/s 12 of the Act dismissed in default - Magistrate possesses implied power to restore a petition filed under the Act, which was dismissed in default, as proceedings under the Act are civil in nature - S.362 Cr.P.C. cannot be a bar for exercising such power in the process of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed by defendant at the very initial stage - Application has to be filed at the time of leading evidence - Order allowing application set aside - Report of Local Commissioner discarded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting temporary injunction to plaintiffs in respect of an area beyond the land allotted to plaintiff is a perverse order - Appellant Court rightly set aside order of trial Court granting temporary injunction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC does not apply to filing documents before appellate Court while challenging validity of an order of temporary injunction...........
