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SARAL SRIVASTAVA
Lalti Devi – Appellant
Versus
Bindu Bihari Verma – Respondent
JUDGMENT :
1. Heard learned counsel for petitioners.
2. The petitioners who are defendants in the suit have assailed the order dated 03.07.2013 passed by the Additional District Judge, Court No.1, Jaunpur in Civil Revision No.148 of 2007 whereby the revision court has allowed the application of respondents/plaintiffs for appointment of court commissioner.
3. The facts, in brief, are that respondent no.1 and 2 instituted a suit bearing Original Suit No.589 of 2003 praying for a decree of injunction in respect of their 1/3 share and rendition of account in respect of jwellery business being run in the suit property.
4. The suit has been instituted on the ground that the suit property was joint property and was purchased in the name of Urmila Devi, Lalti Devi, and Bindu Devi through various sale deeds. The construction lying before the sale deed on the suit property was demolished, and a house and shop were constructed over the said suit property after obtaining permission from the competent authority. It is further pleaded that it was agreed upon between the brothers i.e. husband of Urmila Devi, Lalti Devi, and Bindu Devi that the house shall remain joint property, and business in the ho
The discretion of appointing an Advocate Commissioner under CPC does not equate to gathering evidence; it serves to resolve disputes of property boundaries effectively.
The appointment of an Advocate Commissioner is unnecessary when sufficient evidence exists to determine the facts in a partition suit.
The appointment of an Advocate Commissioner in a partition suit is unnecessary if sufficient evidence has already been presented by the parties involved.
The appointment of a Court Commissioner under Order 26 Rule 9 of the CPC is justified to ascertain construction claims, balancing discretion with the need for technical assessment in legal disputes.
The court established that for a judgment on admission under Order 12 Rule 6 of the C.P.C. to be granted, the admissions must be unequivocal and clear, and the presence of serious factual disputes pr....
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