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SAURABH LAVANIA
Mohammad Jaheer – Appellant
Versus
District Judge, Ayodhya (Faizabad) – Respondent
JUDGMENT :
SAURABH LAVANIA, J.
1. Vakalatnama filed by Shri Vijay Kumar Tiwari, Advocate on behalf of the respondent No. 3 is taken on record.
2. Heard learned counsels for the parties.
3. In view of order proposed to be passed, notice to private respondents is dispensed with.
4. The main prayer sought in the present petition are as under:
5. By means of order dated 30.09.2022, the Trial Court after considering the objection (Paper No. 35C-2) preferred by the petitioner confirmed the Amin's Report (Paper No. 23 C) subject to the evidence to be led by the parties during the trial. The relevant portion of the order dated 30.09.2022 reads as under:
6. Vide impugned order dated 16.02.2023, the Trial Court rejected the application (Paper No. 37C) preferred by the plaintiff/petitioner praying therein that the order dated 30.09.2022 be recalled and fresh commission be ordered. The relevant portion of the order dated 16.02.2023, on reproduction, reads as under:
7. It is appropriate to ref
A party cannot create evidence by issuing a commission, and interlocutory orders do not constitute a case decided, thus revisions against such orders are not maintainable.
Point of Law : when the plaintiff approached the learned Munsiff for fixing the southern boundary of his property, the Munsiff is bound to adjudicate the dispute and to give a verdict.
A commission report can be remitted for further inquiry without being set aside if it is found to be deficient, ensuring judicial efficiency.
Identification of land can be done qua map and position of a disputed land has to be established as per map.
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....
Point of Law : Court cannot prevent a party from adducing best evidence if such evidence can be gathered with the help of commission.
Reliance on a local commissioner's report in judicial decisions must comply with natural justice principles; failure to allow cross-examination and address objections renders a judgment unsustainable....
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