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MAYANK KUMAR JAIN
Bhagwan Shrikrishna Virajman At Katra – Appellant
Versus
U. P. Sunni Central Waqf Board – Respondent
JUDGMENT :
Mayank Kumar Jain, J.
Heard Sri Hari Shanker Jain, learned Senior Counsel through video conferencing, Sri Vishnu Shanker Jain assisted by Sri Shaurya Krishan, Advocate, Sri Prabhash Pandey, Pradeep Kumar Sharma, learned counsel for the plaintiffs. Ms. Reena N. Singh, learned counsel for the plaintiffs in Original Suit No. 7/2023.
2. Heard Sri Punit Kumar Gupta, learned counsel for defendant No. 1. Sri Nasiruzzaman and Sri Mahmood Pracha learned counsel for defendant No. 2. Sri Hare Ram, Advocate for defendant No. 3. Sri Kamalesh Narayan Panday and Sri Birendra Prasad Maurya, Advocates for defendant No. 4.
3. Heard learned counsel for the parties at length on the following issues :
(b) Application for appointment of commission under Order XXVI Rule 9 and 10 of the Code of Civil Procedure 1908 (Application No. 130C)
4. With reference to the facts of the case, it is stated by plaintiffs in their plaint that :
The court held that applications for rejection of plaint and appointment of commission must be independently considered, with priority given to objections before proceeding with the trial.
In view of the nature of the dispute between the parties as regards the demarcation of the disputed land and the High Court having not addressed that issue by appointment of a local Commission for de....
Point of Law : Court cannot prevent a party from adducing best evidence if such evidence can be gathered with the help of commission.
The court established that additional evidence cannot be admitted in appellate proceedings if the party had prior opportunities to present it, and that the appointment of a commissioner should not be....
The court established that the appointment of a commissioner under Order XXVI Rule 9 of the CPC is not to be used as a means to collect evidence after the closure of proceedings, and such application....
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.
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