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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Ramakrushna Nayak – Appellant
Versus
Manoj Kumar Behera – Respondent
| Table of Content |
|---|
| 1. petition challenges appointment of pleader commissioner. (Para 1 , 2) |
| 2. opposite parties justify inspection needed for injunction. (Para 3 , 6) |
| 3. court assesses legality of appointing pleader commissioner. (Para 4 , 8 , 10) |
| 4. previous cases establish constraints on evidence collection. (Para 7 , 9 , 11 , 12) |
| 5. petition dismissed; no costs ordered. (Para 13 , 14) |
JUDGMENT :
1. Instant petition is filed by the petitioner assailing the impugned decision by order dated 20th February, 2024 as at Annexure-8 of learned Civil Judge, Junior Division, Nimapara in I.A. No.101 of 2023 arising out of the suit in C.S. No.162 of 2023 for having appointed a Pleader Commissioner in terms of Order 39 Rule 7 CPC at the behest of the opposite parties on the grounds inter alia that such a decision is not sustainable in law, hence, therefore, the same is liable to be interfered with and set aside.
3. In the suit, the petitioner filed the I.A. for a direction to the opposite parties not to take up any construction over the suit land till disposal of the suit and therein, an objection was received from the opposite parties. In the said I.A., the opposite parties moved the application under
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.
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 main legal point established in the judgment is that the appointment of an Advocate Commissioner in a suit for injunction is permissible when there is a dispute regarding the boundaries and exten....
Law relating to appointment of Court Commissioner is fairly well settled and that the Court Commissioner cannot be appointed for the purpose of collection of evidence.
An Advocate Commissioner can be appointed to verify physical features of property but not to ascertain possession in a suit for injunction.
The appointment of an Advocate Commissioner is unnecessary when sufficient evidence exists to determine the facts in a partition suit.
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