Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Court can appoint a Commissioner `ex parte' even before the defendant appears, if the circumstances warrant such an appointment...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Demarcation - Measurement to be done either from fixed points or survey stones and in absence of both, from fixed boundary line with the common boundary on consent of parties to the dispute...........
Civil Procedure Code, 1908, Order 18, Rule 17-A, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence - Sought at stage when case was pending for rebuttal and arguments - Additional evidence for appointment of local commissioner to inspect the spot and report regarding the field through which the underground pipes are passing - Cannot be believed that laying..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Suit for injunction - Encroachment of property and its boundary in dispute - Local commissioner can be appointed for measurement of property and to demarcate the boundaries of the property - However, Local Commissioner cannot go into question as to who is in possession of the property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Second Commission - Can be appointed to collect more details and it is not necessary to set aside the previous commission report...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Dispute not regarding identification or measurement of property - Local Commissioner cannot be appointed - Trial Court following 1997(1) Civil Court Cases 115 (P&H) & 1999(3) Civil Court Cases 143 (P&H) held appointment of Local Commissioner is not warranted - Order upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Court Commissioner - Cannot be appointed for collecting evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Court Commissioner - To ascertain as to who is actually in possession - Tantamounts to collecting evidence regarding possession - Order of trial Court appointing Court Commissioner, set aside...........
Civil Procedure Code, 1908, Order 11, Rule 1, 2, 14, Civil Procedure Code, 1908, Order 26, Rule 9 -- Three applications under above provisions - Eviction suit - Defence of sufficient accommodation available with plaintiff - Plaintiff not producing map of premises - Defendant justified in applying for eliciting the information from plaintiff by production of map on record..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Dispute regarding boundary of the land - As the main question relates to boundary dispute, it is appropriate and in the interest of justice to depute a Survey-knowing Commissioner for the purpose of measurement of the disputed land as well as the land of the plaintiff within the boundary wall and the land..........
