Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Evidence of Commissioner itself is not proof of title...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Cannot be made for collecting evidence in favour of parties - Evidence which cannot otherwise be procured only has to be obtained by issuing a commission...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Cannot be sought for conducting survey again for same purpose, unless petitioner establishes that there is defect in conducting survey...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of suit land - When there is a boundary dispute between parties, then it is in the interest of justice to appoint Local Commissioner for demarcation of land, because same facilitates Court in arriving at a just conclusion in order to dispense justice between parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of suit land - Encroachment by defendant - Boundary dispute between parties - Plaintiff earlier approached Revenue Authorities, but no action was taken by said authorities to carry out demarcation of land - He was not having any other option but to approach civil Court - Trial..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-issuance of notice u/s 80 CPC - Averment in complaint that an application is filed separately to dispense with notice u/s 80 CPC - Held, it cannot be concluded by examining averments in plaint that plaint is liable to be rejected on the ground that it is barred by law - Even otherwise, defendants who..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to explain mode of adverse possession - On plea of adverse possession, already taken, an issue was also framed - Allowing amendment will not affect the right of plaintiff - Amendment allowed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issue of jurisdiction and fraud - Objections not within the framework of S.47 CPC - Such objections to be raised in appeal alone - Since J.D. availed all the appeal opportunities, lead to conclusion that presumably they raised the issue of jurisdiction and fraud also but their pleas did not find favour with..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Plea of encroachment of land by defendant - Demarcation of suit land - Encroachment has to be proved by petitioner and for this purpose Local Commissioner cannot be appointed to collect evidence for either party - Nothing on record to suggest that petitioner approached Revenue Authorities for demarcation..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Specific issue with regard to limitation framed - Issue of limitation is mixed question of law and fact - Plaint not liable to be rejected...........
