Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Refusal to appoint second local commissioner - Revision is maintainable against such order...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Encroachment - Oral evidence cannot conclusively prove such an issue - To determine the area encroached it is always desirable to get the field measured by an expert and find out the area encroached upon...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Court has discretion to order local investigation - In boundary disputes and disputes about identity of land Court should order local investigation...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed to ascertain as to who is in possession...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Order is interlocutory - Revision against - Not maintainable...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9, 14(3), Constitution of India, 1950, Article 227 -- Commission report partitioning properties in a final decree proceedings - Order refusing to set aside the report - Order not revisable but correctness of the order can be gone into in exercise of the powers under Art.227 of the Constitution of India...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Application for Local Commissioner far valuation of plant and machinery - Dismissed - Not revisable...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Local Commissioner - - Neither objections raised nor request made for appointment of another Local Commissioner - Presence of Local Commissioner before Court is not necessary - Report of Local Commissioner can be read in evidence...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Revision against refusal to appoint Local Commissioner - Not maintainable - Smt. Harvinder Kaur's case 1979 PLJ 562 and Wazir Singh's case 1987 PLJ 327 Followed...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Commission - Rejection of application for issuing commission - Revision thereagainst - Not maintainable...........
