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ARUN MONGA
Neeta Rawal – Appellant
Versus
Kishanlal – Respondent
ORDER
1. Petitioner (plaintiff in the court below) is aggrieved against an order dated 22.09.2023 (Annex. 8) passed by the learned District Judge, Sirohi vide which application Order 39 Rule 7 filed by the respondents/defendants, seeking appointment of Commissioner, was allowed.
2. Civil suit pending before the court below inter alia is for seeking cancellation of the sale deed dated December 30, 2021, alleging that same is based on the revoked power of attorney and other documents. An injunction restraining defendants/respondents herein from selling, mortgaging and/or leasing suit property has also been prayed for. In the written statement (Annexure. 4) to the suit, filed by defendants, the averments of the plaint have been denied.
2.1. Learned court below, vide an order dated September 22, 2023 (Annexure. 5) has granted a temporary injunction under Order 39 Rule 1 and 2 of the CPC, in favour of the petitioner/plaintiff and against the respondents/defendants.
2.2. Prior to passing of the aforesaid injunction order, respondents had filed an application dated August 17, 2022 (Annexure. 6) under Order 39 Rule 7 CPC, seeking appointment of a Commissioner for the inspection of the disputed
The court affirmed that trial courts have inherent discretion to appoint a Commissioner for local investigations to aid in resolving disputes, regardless of prior rulings on related applications.
The central legal point established in the judgment is that the appointment of a Commissioner for local investigation should only be done for convenience and after considering the evidence produced b....
Appointment of Pleader Commissioner – Inspection of a Commission as per Order 39 Rule 7 CPC is for a limited purpose either for detention or preservation or inspection of a suit property.
The Court emphasized the importance of correctly applying the provisions of the Code of Civil Procedure and set aside the impugned order due to misapplication of the relevant provisions.
Local Commissioner appointment can aid in disputes over actual possession when evidence is conflicting.
The discretionary power of appointing a commissioner under Order 26 Rule 9 CPC and the need for physical verification in cases of disputes regarding boundaries or physical features of the property.
The court upheld the appointment of a Pleader Commissioner under Order 39 Rule 7 CPC for inspecting disputed property, emphasizing its limited purpose in resolving injunction applications.
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