Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for permanent injunction - Court can appoint Local Commissioner in a suit for permanent injunction to survey and for demarcating the lands and to give his report about the boundaries...........
Civil Procedure Code, 1908, Section 3, Order 26, Rule 9 -- Local Commissioner - Encroachment admitted by brother of Respondent No.1 at the time of demarcation conducted by Local Commissioner - Statement of brother not admissible on ground he being brother of Respondent No.1 unless authorization of respondent No.1 in favour of his brother is proved...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment admitted by brother of Respondent No.1 at the time of demarcation conducted by Local Commissioner - Statement of brother recorded on 25.5.1989 whereas statements of other persons were recorded on 22.5.1989 - Not the case of appellant that Local Commissioner visited the spot on 25.5.1989 again..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Notice of demarcation alleged to be given to Respondent No.1 - Such notice not produced on record - Adverse inference has to be drawn that notice was not given to Respondent No.1 by Local Commissioner before visiting the site...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Purpose of - Held, purpose of commissions to make local investigations stipulated U.O.26.R.9 of the Code is for the purpose of elucidating any matter in dispute etc. - However, in present case, parties were yet to enter into evidence - Had they led any evidence and had there been any..........
Civil Procedure Code, 1908, Order 26, Rule 9, Evidence Act, 1872, Section 3 -- Local Commissioner's report - Evidentiary value - Local Commissioner appointed for demarcation - Permanent points fixed and demarcation carried out in accordance with `Musabi' supplied by Court - Report of Local Commissioner cannot be set aside merely for the reason that he consulted another..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Evidence on record sufficient for effective adjudication of case - Dismissal of application - Order upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner at appellate stage - By getting the survey commission, petitioner wanted to fill up the lacuna of his case and to generate the evidence - Cannot be permitted at the appellate stage...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second advocate commission - Held, before appointment of a second advocate commissioner, court should record its dissatisfaction about report submitted by first commissioner - Object being to avoid conflicting reports before court...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Evidence - Recording on commission - Inability of witness to attend court - Medical certificate not produced to substantiate inability - Plea cannot be disbelieved on that ground - Court by appointing Commissioner to record evidence, even in absence of medical certificate in support thereof has not committed any illegality -..........
