Civil Procedure Code, 1908, Order 26, Rule 9 -- Demarcation - An order of demarcation is passed only after framing of relevant issues...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Demarcation of land - Where parties being owners of adjoining land and plaintiff alleging encroachment in suit property, application for demarcation of land, would certainly facilitate an effective and complete adjudication of matter - Demarcation of land in question by implying latest..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Purpose of local investigation is to elucidate any matter in dispute, which itself indicates permissibility of collection of evidence, in respect of matters which cannot be effectively proved like measurement, demarcation, identity of property and physical features etc., by oral evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Purpose of local investigation is to elucidate any matter in dispute, which itself indicates permissibility of collection of evidence, in respect of matters which cannot be effectively proved like measurement, demarcation, identity of property and physical features etc. by oral evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of property - Local Commissioner should confine himself to only demarcation of properties according to revenue records without expressing any opinion on encroachment which is the judicial function to be performed by trial court on totality of evidence yet to be adduced by the parties - He..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A -- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High Court observed that..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Demarcation done with a measuring tape when as per rules it should have been conducted with a Zarib - There is possibility of some inaccuracy in dimensions of measuring tape, which stands ruled out if demarcation is conducted using a Zarib - Such type of report which is not proper..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Only revenue officer who was entrusted with task of carrying out demarcation and who had actually done so at the spot could have deposed that he did that as per High Court Rules and Orders and as per instructions of Financial Commissioner and testimony of no other person including..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Objections - Defendant participated in entire demarcation exercise conducted by local Commissioner and thereafter put his signatures in demarcation report, treating it as correct - Having done so, it is not open to defendant to contend that demarcation report is not correct,..........
