Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........
Civil Procedure Code, 1908, Section 75(e), 151, Order 26, Rule 10A -- DNA profiling - Plaintiff's biological relationship - In the instant case presumption u/s 112 of Evidence Act not attracted - If appointment of Court Commissioner for scientific investigation of DNA profiling of blood samples of plaintiff and defendant No.3 is ordered to prove plaintiffs biological..........
Civil Procedure Code, 1908, Order 26, Rule 9, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Appointment of Local Commissioner - Dismissal of application - Eviction petition - Appointment of Local Commissioner to go on a fishing expedition regarding number of rooms in occupation of landlord is nothing but an attempt of petitioner herein to try and..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Rent and eviction - Unfit and unsafe for human habitation - Appointment of Local Commissioner - To ascertain condition of building Rent Controller appointed a building expert as a Local Commissioner - No error of law while availing services of a local commissioner to ascertain a vital issue - Order..........
Civil Procedure Code, 1908, Order 39, Rule 2A, 7 -- Status quo order - Construction in violation thereof - Local Commissioner appointed to take colour photographs of all the sides of the disputed site - Local Commissioner instructed not to record evidence - It is not collecting evidence for plaintiff - Order will further cause of justice, so as to decide the contempt..........
Specific Relief Act, 1963, Section 39 -- Suit for declaration of title and mandatory injunction - Encroachment - Plaintiff did not produce any documents in respect to his title - However, admission made by defendants will prove existence of suit land - Construction made by defendants are all temporary in nature - Report of Advocate Commissioner proved that defendants are..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Report of Local Commissioner suffering from an irregularity i.e. want of following applicable instructions - Proper course for High Court is either to issue a fresh commission or to remand the matter for reconsideration - Entire suit cannot be dismissed for any irregularity on the part of Local..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 1 -- Examination of witness by Local Commissioner - Sick person - Range of movement by itself cannot be construed to be an ailment disabling petitioner not to attend Court...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 1 -- Examination of witness by Local Commissioner - Sick person - Certain medical prescriptions were laid before Court by petitioner regarding his ailment, which reflect about range of motion of limbs - Range of movement by itself cannot be construed to be an ailment disabling petitioner not to attend Court -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Revision u/art.227 of Constitution - Not maintainable against such order of refusal to appoint Local Commissioner...........
