Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration claiming right by way of easement - Dispute as to existence of passage in question - Record regarding said passage silent - Appointment of survey Commissioner is thus necessary for ascertainment of existence of said passage - Order for appointment of Commissioner, passed by trial..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration & injunction - Identities of plots in question are not in dispute - Suit property was already demarcated by Tehsildar in presence of both the parties - Moreover, both the parties claimed their right, title and interest over different plots - Application rightly rejected...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Injunction suit - Advocate commissioner cannot be appointed at the threshold for gathering evidence - Only in cases where there is a serious dispute regarding identity of property or boundaries thereof, an advocate commissioner can be appointed in injunction suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Issuing commission for ascertaining market value of any property, or amount of any mesne profits or damages or annual net profits - Sine qua non is satisfaction of Court that it is requisite or proper to issue Commission for the said purpose - Court can exercise this power even suo motu - However,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Since the report of valuer is already on record and affidavit of valuer has been filed as such there is no justification in summoning any other report by issuing commission U.O.26.R.9 CPC - Sine qua non for issuing a Commission to ascertain the market value in terms of provisions of O.26.R.9 CPC has not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment in a suit for injunction - There is no absolute bar on appointment of Commissioner in a suit for injunction particularly when application is filed in order to note down the physical features of suit property...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Boundary dispute - It is always desirable to get the fields measured by an expert and find out exact area encroached upon - Appointment of Local Commissioner is necessary - Oral evidence cannot conclusively prove such an issue - Impugned order rejecting application for appointment of Local Commissioner..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Distinction between provision of O.26.R.9 and O.39.R.7 CPC - O.39.R.7 CPC can be used while dealing with a temporary injunction or an interlocutory order and O.26.R.9 CPC can be used at any stage of the trial...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of commissioner - Commissioner cannot be appointed for collecting evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Boundary dispute - It is always desirable to get the disputed property measured by competent surveyor to find out encroachment and its extent as oral evidence cannot prove such contentious issue conclusively...........
