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AJOY KUMAR MUKHERJEE
Mantu Chowdhury – Appellant
Versus
Subhas Chowdhury – Respondent
| Table of Content |
|---|
| 1. jurisdiction under article 227 for appeal. (Para 1 , 2) |
| 2. ongoing legal proceedings about investigation commission. (Para 3 , 4 , 5 , 6) |
| 3. contention against advocate commissioner's report. (Para 8 , 9) |
| 4. opposing party's defense regarding commissioner's findings. (Para 10 , 11) |
| 5. court's analysis of the commissioner's methods and findings. (Para 12 , 13 , 14 , 15) |
| 6. critique of the commissioner's report and investigation method. (Para 16 , 17 , 18) |
| 7. order set aside due to irregularities in the commissioner's report. (Para 19) |
| 8. direction for reappointment of investigation commissioner. (Para 20 , 21 , 22) |
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Being aggrieved and dissatisfied with the impugned order no. 128 dated 07.01.2020 passed by the learned Civil Judge (Senior Division), 1st Court, Malda in O.C. Suit No. 154 of 1999, present application under Article 227 of the Constitution of India has been preferred.
2. In the present case, the plaintiff/petitioner herein filed suit for declaration of title with a prayer for recovery of possession. The plaintiff’s further case is that he had purchased ‘Ka’ schedule property to the plaint and on 22.04.1999, taking advantage o
Appointment of Advocate Commissioner – Object of local investigation is not to collect evidence which can be taken in court – Court should not act as an expert to overrule report of Commissioner unle....
The court established that the appointment of a commissioner under Order XXVI Rule 9 of the CPC is not to be used as a means to collect evidence after the closure of proceedings, and such application....
The discretionary nature of relief under Order 26 Rule 9 of CPC and the limited scope for entertaining a petition under Article 227 of the Constitution of India.
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