Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Demarcation of boundaries - When there is already survey conducted and boundaries were fixed on basis of Tippon in presence of defendants, there is no necessity for appointment of Advocate Commissioner for demarcating boundaries and noting physical features of suit property - Application..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Court below while allowing application for appointment of Local Commissioner did not mention the quantum of fee of Local Commissioner and who will pay the same and thus, left it to sole discretion of local commissioner - Said vague order set aside - Trial Court directed to pass fresh order...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
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 9, Rule 2 -- Dismissal of suit for non supply of correct address - There is no provision for dismissal of suit for non supply of correct address - Impugned order set aside - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Bar of subsequent suit on same cause of action - Suit for redemption of mortgage - If right of redemption is not extinguished, provision of O.9.R.9 CPC will not debar mortgagor from filing a second suit, as cause of action in a redemption suit is recurring one...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Possession of parties over suit property cannot be determined by issuance of commission...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application U.O.26.R.9 CPC to conduct an investigation and examination regarding possession of parties to a dispute would not be maintainable, particularly when there is no explanation furnished by plaintiff that he could not have access to any documents required for proving his possession over..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Cannot be allowed merely for purposes of facilitating case of one or other party and it is not the business of Courts to discharge burden of evidence of either party...........
