Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Commissioner found possession of plaintiff proved but he has not indicated the khasra number at which such possession is situated - Defendant yet to file his written statement - If defendant files written statement with assertion that possession which plaintiff is claiming is not on the land..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Local Commissioner - Court on its own volition can exercise its discretion to appoint Commissioner to make a local investigation for elucidating any matter in dispute...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Local Commissioner - Contention that once application U.O.39.Rr.1, 2 CPC has been decided, provision of O.39.R.7 CPC could not be invoked by trial Court - Contention rejected, as both the applications were disposed of on the same day vide separate orders and there is no procedural bar in doing so by trial..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of site commissioner - Partition suit - Court while allowing application specifically directed that inspection of property by taking details of neighborhood, condition and measurements of rooms and walls and also to take photographs and measurements of plot in dispute from all sides based upon which..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner - Dismissal of application on the ground that it is for collecting evidence - Review filed thereagainst - The fact that there is conflict in the two reports of Tehsildar was neither mentioned in application filed U.O.39.R.7 CPC or in the application filed for review but this fact was mentioned in the written..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Local Commissioner - In case trial Court appoints Commissioner with the purpose to satisfy itself on a certain aspect of the matter, there is nothing wrong in the same and there is no reason to set aside the order - Trial Court while appointing Commissioner cannot be said to have passed the order with a purpose of creating..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Court cannot be used as a tool for collecting evidences, especially when plaintiff has failed to bring on record any title document as to how property in question was ancestral - Plaintiff cannot be allowed to fulfill the deficiency of his case by appointment of Commissioner so..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for permanent injunction - Actual status of suit land is not available on record - It is thus, necessary to appoint commissioner - Trial Court while directing Commissioner to make inspection and file report alongwith coloured photographs specifically directed that Commissioner would not..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Local Commissioner - Application filed at the stage of decision of application U.O.39.Rr.1, 2 CPC - Once as per defendants own assertion material already available on record indicates sufficient support for defendants in relation to case already set up by them, prayer made for appointment of local commissioner..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Rejection of plaintiff's application on the ground of delay - Normally delay cannot be a ground for rejecting an application if circumstances obtaining in the case warrant appointment of Commissioner...........
