Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Object of local investigation by appointing commissioner is not to collect evidence which can be adduced in the Court - It is the Court who has to decide the matter on the basis of evidence to be adduced by parties or evidences already on record...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Appointment of pleader commissioner - To certify the age and size of house - Suit for recovery of possession and eviction filed on the basis of sale deed - Both the parties thus, are knowing the area of suit property - Inspite of that application for appointment of commissioner was filed - Application rightly..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - It is within the power of Court to issue a commission to such person as it thinks fit, to make an investigation on some as pect - There is no right vested in favour of a party to get the said commission issued...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation report is already on record - No objection was filed by petitioner to said demarcation report - Neither report of Local Commissioner nor evidence given by said local Commissioner including cross-examination has been placed on record to even remotely show that demarcation was not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Court cannot assist a party for collection of evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Dispute between parties is with regard to intention of parties behind the execution of agreement - Court cannot assist a party for collection of evidence - Fact whether suit property lie on the common path or not can be established by way of evidence and it is for plaintiff or defendant to stand..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Inspection by Court or through Court appointed commissioner is resorted to only in those cases where on the evidence led by parties, Court is not able to arrive at a just conclusion or where Court feels that there is some ambiguity in evidence which needs to be clarified by making local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - Party to suit cannot request Court to collect evidence for him and every party to suit has to stand on his own legs by adducing independent and reliable evidence - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 26 -- Visitation rights granted to father during pendency of divorce proceedings - Modification of place of visitation - Mother is residing in Madurai with minor daughter, while husband is resident of Karur - Distance between two places is about 150 Kilometers - In the process of adjudicating upon the rights of parents, health of child..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vest in favour of a party to get commission issued U.O.26.R.9 CPC, rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
