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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Rajesh Kant Sinha, S/o Late Parsuram Prasad – Appellant
Versus
Pradeep Kumar Agrawa, S/o Late Baijnath Prasad Agrawal – Respondent
JUDGMENT :
Heard, learned counsel for the parties.
1. Petitioner is the plaintiff, and the instant CMP has been filed under
3. It is submitted by learned counsel for the petitioner that as per the
The court ruled that the appointment of a Pleader Commissioner is not warranted when evidence can be conveniently provided by the parties themselves, especially before trial has progressed.
The discretion to issue a Commission for local investigation lies with the trial Court, and the report of the Commissioner is not binding on the trial Court.
The court ruled that plaintiffs are responsible for proving their claims in litigation and cannot rely on the court to gather evidence on their behalf, emphasizing the judicial principle of party res....
A plaintiff cannot seek a Local Commissioner to gather evidence if there is no substantial basis for such request, particularly when the burden of proof lies with them regarding ownership claims.
The burden of proof in a suit for perpetual injunction is on the plaintiff to establish lawful title and possession over the property, and the appointment of an Advocate commissioner may not advance ....
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 ruled that an application for appointing a survey commissioner must demonstrate necessity, which was not established in this case, leading to the setting aside of the trial court's order.
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....
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