Civil Procedure Code, 1908, Order 26, Rule 9 -- Commissioners report - Evidentiary value - No reliance can be placed on it to decide rights of parties - Commissioner cannot decide the rights of the parties, except noting the physical features for which purpose, he was appointed...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Identification of property - Commission application dismissed - Amounts to failure of justice - It could be considered to be a case coming under the proviso to S.115 - High Court can also invoke the jurisdiction under Art.227 if the Court below went wrong in refusing to have the properties properly identified, in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Notice to the opposite party - Local Commissioner appointed to see the position of the site in question - Held, in case a notice had been issued by the Local Commissioner, then the tenant would have easily managed to remove the sign board and the purpose of the visit of the Local Commissioner would have..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointed to see the position of the site in question - Cannot be said that Local Commissioner has created evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Commissioner's report - Evidentiary value - Evaluation of the report is to be made on the basis of examination of the Commissioner - Acceptance of report does not ipso facto make the report admissible into evidence - It does not determine the evidentiary value of the report...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Commissioner's report - Acceptance of report - Does not ipso facto make the report admissible into evidence - Evaluation of the report is to be made on the basis of examination of the Commissioner - Acceptance of report is not a case decided within the meaning of S.115 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed to collect evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Where identity of property involved in suit for declaration of title and for injunction is disputed, Court can issue commission to make local inspection to identify property involved - Decreeing suit without resolving such dispute is irregularity...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Cannot be appointed to report as to which of the party is in possession of the house in dispute because it would amount to delegate the power of Court to determine the real issue in the case...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Order refusing to appoint Local Commissioner - Not revisable - Division Bench judgment in Smt. Harvinder Kaur's case 1979 PLJ 562 Followed...........
