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VIVEK RUSIA
Shivnarayan – Appellant
Versus
Shyamlal – Respondent
ORDER
1. Petitioner/plaintiff has filed this present petition being aggrieved by order dated 9.9.2022 whereby application filed under Order 26 rule 9 of the CPC has been dismissed. The petitioner/plaintiff filed the suit in respect of the suit land mentioned in paragraph No.2 of the plaint. According to the plaintiff, the defendants/respondents has encroached over some part of the land of his ownership. The petitioner/plaintiff applied for demarcation which was conducted by the Tehsildar and the possession of defendant was found hence that gave the cause of action to file the suit for possession.
2. The defendants have filed a written statement denying the averment made in the plaint, they have also denied the demarcation as well as the report submitted by the revenue authorities. Before adducing the evidence, the plaintiff has filed an application under Order 26 rule 9 C.P.C. seeking direction for demarcation of the suit land bearing survey No.201/1/2 area 1.0110 Hectare through any revenue authorities. The application was opposed by the defendants and the learned Court has dismissed the application on the ground that the said provision cannot be invoked for the collection of the e
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.
A commission under Order 26 Rule 9 CPC can only be appointed after evidence is presented by both parties in a civil suit.
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.
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 main legal point established in the judgment is that the Court has the jurisdiction to appoint a Local Commissioner for demarcation of land in a boundary dispute, and such appointment does not am....
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.
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