Back
PRANAY VERMA
Gangabai – Appellant
Versus
Balkrishna – Respondent
ORDER
1. This petition under Article 227 of the Constitution of India has been preferred by the plaintiffs/petitioners being aggrieved by the order dated 1.12.2023 passed by the trial Court whereby their application under Order 26 rule 9 of the CPC for appointment of a Local Commissioner has been rejected.
2. The plaintiffs have instituted an action against the defendants for declaration, mandatory injunction and permanent injunction. The relief claimed by them is for directing the defendants to reconstruct the wall measuring 50 feet in length located towards the eastern side of their house. As per the plaintiffs the same has been demolished by the defendants.
3. The defendants have contested the plaintiffs' claim by filing their written statement in which the allegations as levelled by plaintiffs have been denied. On the basis of pleadings of the parties issues have been framed by the trial Court.
4. Thereafter, plaintiffs filed an application under Order 26 rule 9 of the CPC for appointment of a Local Commissioner for demarcation of the disputed property and submitting spot inspection report. They stated that the dispute is as regards boundaries of the respective parts of the houses
Local Commissioners can be appointed under CPC for resolving boundary disputes when acknowledged by both disputing parties, ensuring accurate demarcation in property cases.
The party alleging a boundary dispute must prove its allegations and cannot abuse the provision of Order 26, Rule 9 of the Code of Civil Procedure to create evidence.
An order dismissing an application for appointing a Local Commissioner does not adjudicate rights and is hence not revisable, as established by prior authority.
The court established that the refusal to appoint a Local Commissioner does not affect the rights of the parties and is not subject to revision.
The petitioner must adduce independent and reliable evidence and cannot rely on the court to collect evidence for him. The appointment of a local commissioner for the purpose of collecting evidence i....
Boundary disputes necessitate the appointment of a local Commissioner for clarity, ensuring courts fulfill the legal requirement of definitive evidence before adjudication.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
