Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction and declaration - Respondent is neither necessary nor proper party, as he is stranger to suit proceedings - Nature of suit property can only be decided after recording evidence - Moreover, application U.O.7.R.11 CPC filed by defendants is still pending - Order of allowing..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Genuineness or admissibility of document sought to be placed on record along with application U.O.7.R.14 CPC cannot be examined at the time of consideration of application...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Mere filing of appeal would not operate as a stay unless appeal is listed and there is an interim order...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Prayer for partition and separate possession cannot be granted in execution proceedings - Such prayer can always be sought by petitioners by filing a separate suit...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution proceedings closed after satisfaction of decree - Objectors sought restoration of execution proceedings for decision of their objections - Objections in the nature of prayers which could be sought in a fresh suit - Order closing execution proceedings, upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Form of a suit is never the guiding or deciding factor while considering application for appointment of a Commissioner - Guiding factor is `whether the report is necessary for elucidating matters in dispute'...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Court Commissioner - Commissioner's report would be documentary evidence under Evidence Act - Contention that Commissioner cannot be appointed for local inspection and such a recourse amounts to collection of evidence overlooks the provision of O.26.R.10 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - Broad Guidelines : (i) Power of Court to appoint Commissioner for local inspection or any other purpose provided in O.26 CPC is discretionary; (ii) discretion to exercise power U.O.26 CPC is not governed by form of suit; (iii) issue framed in the suit, or where issue is not yet framed,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Broadly speaking Commissioner can be appointed in cases viz. (i) Dispute relating to easement of air, light, pathway, road, watercourse, etc.; (ii) Dispute relating to boundary, encroachment; (iii) Dispute relating to forgery; (iv) Dispute relating to the existence or otherwise of a stream, pond,..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Commissioner - As far as possible the procedure be adopted viz. (i) Court may fix the date and time for local inspection, directing parties to be present at the disputed property, to avoid the process of issuance of notice to parties by Court Commissioner; (ii) Court shall also fix the time frame for..........
