Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No rights are determined merely with appointment of a Local Commissioner and submission of his report...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Acceptability of Local Commissioner's report is to be finally decided by Court concerned at the time of arguments keeping in view the report and objections, if any filed by parties...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Local Commissioner's report is not final as defendant would always have right to file his objections to same...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Report is only for ascertaining factual aspect of matter and it is entirely in the domain of Court to decide whether to accept said report or not...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local commissioner can only ascertain things as they exist on site as per averments made in plaint and written statement - Whether there is an encroachment or not would be exclusive domain of Court...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of defendant as plaintiff's witness - Plaintiff can seek to summon defendant as his witness but same cannot be allowed as a matter of right and Trial Court is required to consider the purpose for which, witness is proposed to be summoned and thereafter consider application by assigning proper reasons...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of opponent as a witness - Not desirable judiciously - However, in case Court comes to conclusion that opponent's evidence is necessary then to summon the opponent as a witness...........
Civil Procedure Code, 1908, Section 9, Himachal Pradesh Land Revenue Act, 1954, Section 46 -- Jurisdiction of civil Court - Suit related to entries of revenue record - Plaintiff claimed that her name was not incorporated by revenue officials in column of ownership and possession despite acquiring status by way of adverse possession - Such denial to record name of plaintiff..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application for setting aside ex parte order was filed on the very next day when ex parte order was passed - No delay on part of petitioner - Petitioner cannot be blamed for delay caused in disposal of suit - Merely because suit is pending for more than 10 years, petitioner cannot be put into..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
