Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Identification of suit property - Plaintiffs claim to have purchased suit property for a consideration of Rs.500 in 1972 - However, sale deed does not indicate area of property purchased - Boundaries almost on three sides do not tally to one another - No case is made out by plaintiffs for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Injunction suit - When there is serious dispute regarding identity of property or boundaries thereof, Advocate Commissioner can be appointed even in a suit for injunction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment of survey no. and boundaries - Amending sought will not change nature of suit and will not introduce a new cause of action - Application for amendment is bona fide - No prejudice is caused to other side by allowing amendment - Application for amendment rightly..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - Decree on the basis of report of Commissioner - In the instant case Commissioner did not go through the plaint and written statement - Commissioner could not understand the purpose for which he was deputed for local inspection - `A' and `B' schedule properties cannot be identified from the sketch..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with regard to boundaries in the schedule of plaint - Plaintiff should have been more careful and more diligent in incorporating the correct schedule of the boundaries to the suit schedule properties at the time of filing the suit or prior to commencement of trial -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Plea of decree holder/tenant that no new document can be taken into account by executing Court - Boundaries of demised premises had been mentioned by decree-holders/landlord in petition for eviction which has been allowed - If site plan has been produced before executing Court in terms..........
Sale deed -- Misdescription of field Gat number and boundaries - It is boundaries which would prevail over field Gat number...........
Sale deed -- Mistake in description of properties or boundaries - It is duty of both parties to the contract for sale of land, to take care while mentioning description of properties in the sale-deed - If there is any mistake in description of properties or boundaries in sale deed the same cannot be said to be a mistake of one party and not of both the parties to such..........
Sale deed -- Mistake in description of properties or boundaries - Not a mistake of one party - Either party may institute a suit for correcting the description of suit property...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint at appellate stage - Amendment sought will help in identification of property - Amendment will not change the cause of action or alter the subject matter - Subject matter of suit will remain the same except that its boundaries would not stand specified thus leading to the dispute between parties to be..........
