Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed to collect evidence in support of his case - Plaintiff cannot be permitted to involve Court to hunt for evidence - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To inspect the suit property - Dispute in question requires elucidation and it is local in character and can only be done by local investigation at the spot - Identification of property can only be done by a Taluk Surveyor and presence of an Advocate Commissioner would only give further..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of investigation commissioner - Right of pre-emption - Pre-emptor in the case has simply to prove that he was an adjacent owner - Such proof could easily be accomplished on the basis of respective title deeds, mouza map, record of right, land plan annexed to deeds etc. - Local features of the plots would hardly be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Purpose of O.26.R.9 CPC is not to assist either of parties to the lis to collect evidence in its support - It is to elucidate a fact, if Court is of the opinion that elucidation of said fact cannot be done except by exercising powers U.O.26.R.9 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit land is abadi deh - Application was filed before framing of issues alleging interference by defendants on the suit land which was denied by defendants - Onus to prove the case lies with plaintiff to prove the fact - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Boundary dispute - Court is not bound to issue commission in every case of boundary dispute, merely on the asking of a party - Court has to see bona fides of party asking for appointment of commission...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of land - By appointing a commission to demarcate the land will not amount to collection of evidence in favour of one party for the reason that result remain a contingent and may favour either or none of parties - Application allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Question of possession is necessarily a question of fact which has to be adjudicated by trial Court on the evidence led by parties - Since petitioners have tried to collect evidence which is not permissible under law - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of property - Suit for possession and mandatory injunction - Prima facie there does not appear to be any dispute regarding demarcation of land, as suit simpliciter is for possession and mandatory injunction - It is for plaintiff to prove his case and she cannot take the aid of..........
