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VIVEK BHARTI SHARMA
Rekha Suman – Appellant
Versus
Janardan Prasad – Respondent
JUDGMENT :
VIVEK BHARTI SHARMA, J.
1. By means of present writ petition, petitioner has sought quashing of order dated 01.07.2024 passed by District Judge, Pauri Garhwal in Civil Revision No. 22/2023 Smt. Rekha Suman vs. Janardhan Prasad as well as the order dated 25.08.2023 passed by Civil Judge (Sr. Div.) Pauri.
2. Learned counsel for the petitioner/plaintiff would submit that the petitioner/plaintiff filed a civil suit before Civil Judge (S.D.) Pauri for a decree permanent injunction against the respondent/defendant on the ground that the petitioner/plaintiff had purchased the land in question way back in the year 1997; that, she was posted as Lecturer in District Saharanpur, State of U.P., therefore, she could not look after the suit property; that, during her stay outside, respondent/defendant took the benefit of it and encroached upon part of suit property; that, the respondent/defendant filed the written statement; that, thereafter, the petitioner/plaintiff filed application under Order 26 Rule 9 of CPC for appointment of a Survey Commissioner to demarcate exact area upon which respondent/defendant has encroached upon; that, the respondent/defendant filed objections to this app
A commission under Order 26 Rule 9 CPC can only be appointed after evidence is presented by both parties in a civil suit.
The discretion to appoint a Commissioner for spot inspection and demarcation of property under Order 26 Rule 9 of CPC lies with the Trial Court, and the nature of relief is purely discretionary.
The discretionary nature of powers under Order 26 Rule 9 of CPC and the limited scope for entertaining a petition under Article 227 of the Constitution of India.
Rule 9 of Order 26 of Code of Civil Procedure empowers Court to issue commission to make local investigation which may be required for purpose of elucidating any matter in dispute.
Boundary disputes necessitate the appointment of a local Commissioner for clarity, ensuring courts fulfill the legal requirement of definitive evidence before adjudication.
The main legal point established in the judgment is that the appointment of a commissioner under Order 26 Rule 9 of the CPC is limited to cases where demarcation of the property is in dispute and can....
The prime duty of the Court is to arrive at the truth of the matter and to adjudicate upon the issues brought before it in light of such truth.
The appointment of a Civil Court Commissioner under Order XXVI Rule 9 is essential in boundary disputes to ascertain possession and clarify any allegations of encroachment.
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