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DELHI HIGH COURT
MANMOHAN SARIN
B.L. Nijhawan – Appellant
Versus
Satish Ray Kapoor – Respondent
JUDGMENT
Manmohan Sarin, J.
1. The petitioner by this civil revision petition is assailing the order dated 15.4.1994 passed by Mrs. Seema Maini, Sub Judge, Delhi in suit No.560 of 1978, whereby she allowed the application moved by the respondent under order 26 rule 10 C.P.C. and permitted the Local Commissioner's report together with the documents, to be admitted in the evidence'
2. The petition raises a short but important question with which the civil courts are frequently confronted viz., whether an ex parte report of the Local Commissioner can be admitted in evidence in terms of order 26 rule 10(2) C.P.C. without the same being proved?
The answer to this question turns on the provisions of order 26 rule 10 C.P.C. and order 26 rule 18 C.P.C. Before examining the legal provisions, the facts in brief of the case may be recapitulated:
(i) The respondent No. 1 Satish Ray Kapoor had on 25.8.1987 instituted a suit for permanent injunction seeking to restrain the petitioner herein i.e. defendant No.1 in the suit from constructing a mezzanine with or without the consent of the petitioner and other respondents in Shop No.78/3, Janpath, New Delhi. The respondent had also alongwith the
The court clarified that the appointment of a Commissioner for local inspection in encroachment cases is permissible even before trial, reinforcing the report as vital evidence.
Under Order XXVI Rule 10 report of Commissioner and evidence taken by him is a piece of evidence.
A court is required to adjudicate an application concerning the alleged violation of an interim injunction on its own merits before proceeding to the final arguments of the main suit to preserve the ....
The evidentiary value of a Commissioner's report is determined at the final evaluation stage alongside other evidence.
The main legal point established in the judgment is that the appointment of a commissioner under Order 26 Rule 9 of the CPC is limited to cases where demarcation of the property is in dispute and can....
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