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Evidentiary Value of a Survey Plan Filed by the Surveyor as Joint Commissioner:
Main Points and Insights:
Analysis and Conclusion:
References:- ["B. Rajarathinam VS B. Venkatesan & Others - Madras"]- ["R. Pankajam VS C. Subramanian - Madras"]- ["Sri Vala Srinivas Rao vs Nuzhat Zamani (Died) per LRs - Telangana"]- ["Madaka Rama Mohan Rao VS Gonthina Saraswathi - Andhra Pradesh"]- ["Pothasetti Srinivasu Dora VS Achanta Seshakumari - Andhra Pradesh"]- ["Nallaballa Lalitha Devi VS Guddeti Suryanarayana - Andhra Pradesh"]
In land disputes, survey plans often play a pivotal role in clarifying property boundaries and ownership claims. But what happens when a surveyor, appointed as a joint commissioner under Order XXVI Rule 9 of the Code of Civil Procedure (CPC), directly files a survey plan before the court? Is it automatically reliable evidence, or does it require further scrutiny?
This question—what is the evidentiary value of a survey plan directly filed by the surveyor before court, who was appointed as joint commissioner under Order XXVI Rule 9 CPC—arises frequently in property litigation. While such plans can aid adjudication, their value is not absolute. Courts typically assess them based on authenticity, accuracy, and procedural compliance. This post breaks down the legal principles, drawing from key judgments and statutory provisions.
Important Disclaimer: This article provides general information based on legal precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for case-specific guidance.
Order XXVI Rule 9 CPC empowers courts to appoint commissioners for local investigations, such as surveys, to elucidate matters in dispute, ascertain property values, or measure mesne profits. Pawan Kumar VS Fulla Devi - 2019 Supreme(P&H) 2400 The commissioner—often an advocate or qualified surveyor—reports findings to the court, which may include a survey plan.
Courts frequently appoint commissioners in boundary disputes. For instance, in a case where a petitioner sought demarcation of disputed land, the trial court was directed to appoint a commissioner under this rule, as it was appropriate for the Court to direct the investigation. Arshinapalli Rajitha vs A. Vidyasagar Rao - 2025 Supreme(Online)(Tel) 52878Nallabelli Srilatha vs A. Vidyasagar Rao - 2025 Supreme(Online)(Tel) 52879Arshinapalli Rajitha vs A. Vidyasagar Rao - 2025 Supreme(Telangana) 92 Similarly, appointments have been upheld to note physical features or clarify adjacent property claims. SUBRAMANIAM vs LAKSHMI - 2024 Supreme(Online)(MAD) 42531Mohammed Iqbal VS Bochu Ameer - 2024 Supreme(Telangana) 543
However, the commissioner's report is not adjudicatory; it merely assists the court and does not bind it. Mohammed Iqbal VS Bochu Ameer - 2024 Supreme(Telangana) 543 The High Court emphasized: The Advocate Commissioner's report is non-adjudicatory and serves only to assist the court, not to bind it in decision-making.
A survey plan filed directly by the appointed surveyor (as joint commissioner) is not conclusively presumed accurate merely because it was filed in court. Its evidentiary weight hinges on proof of authenticity, accuracy, and trustworthiness. Peedikayullaparambath Chandramathi D/o Kunhikanaran VS P. P. Raveendran S/o Kunhikanaran - 2023 0 Supreme(Ker) 681
Key points include:- No Automatic Presumption: Plans prepared post-litem motam (after litigation starts) lack inherent trustworthiness and must be proved accurate by the maker. Peedikayullaparambath Chandramathi D/o Kunhikanaran VS P. P. Raveendran S/o Kunhikanaran - 2023 0 Supreme(Ker) 681- Proof Requirements: The surveyor must be examined, or the plan verified, to establish reliability. Courts insist: Maps or plans made for the purposes of a suit...must be proved to be accurate. They must be proved by the persons who made them. Peedikayullaparambath Chandramathi D/o Kunhikanaran VS P. P. Raveendran S/o Kunhikanaran - 2023 0 Supreme(Ker) 681- Commissioner's Involvement Essential: If prepared by someone other than the commissioner or without supervision, value diminishes. Peedikayullaparambath Chandramathi D/o Kunhikanaran VS P. P. Raveendran S/o Kunhikanaran - 2023 0 Supreme(Ker) 681- Procedural Compliance: Proper appointment, functioning, and filing as part of the report are crucial. Mytheen Kunju VS Azeez Kunju - 1992 0 Supreme(Ker) 85
In Damodaran vs. Karimba Plantations Co. Ltd., the court underscored that litigation-specific plans require rigorous proof, highlighting their limited sanctity without verification. Peedikayullaparambath Chandramathi D/o Kunhikanaran VS P. P. Raveendran S/o Kunhikanaran - 2023 0 Supreme(Ker) 681
Section 83 of the Indian Evidence Act presumes government-made maps accurate, but suit-specific plans get no such benefit. They must be proved by the maker. Peedikayullaparambath Chandramathi D/o Kunhikanaran VS P. P. Raveendran S/o Kunhikanaran - 2023 0 Supreme(Ker) 681 Private surveyors or commissioners must meet this standard, or the plan risks rejection.
Courts may rely on unchallenged plans for property identification, but only after verification. Peedikayullaparambath Chandramathi D/o Kunhikanaran VS P. P. Raveendran S/o Kunhikanaran - 2023 0 Supreme(Ker) 681 Factors boosting value:- Preparation under commissioner's direct supervision.- Examination of the surveyor/commissioner.- Compliance with CPC and Evidence Act.
Exceptions limiting value:- Plans by unauthorized persons. Peedikayullaparambath Chandramathi D/o Kunhikanaran VS P. P. Raveendran S/o Kunhikanaran - 2023 0 Supreme(Ker) 681- Lack of certification or objections ignored without proof.- Failure to examine the maker.
Other cases reinforce this. In property measurement disputes, courts mandated government surveyors for expert assessment based on official records, criticizing lower courts for not appointing one under Order XXVI Rule 9. Chandramani son of Marotrao Pantavne VS Shashikala wife of Brijlal Bisen - 2016 Supreme(Bom) 705 The ruling: Expert assessment by a Surveyor from the Govt. Department, based on government records and maps, is necessary.
In appeals, commissioners can be appointed as proceedings continue the suit. SUBRAMANIAM vs LAKSHMI - 2024 Supreme(Online)(MAD) 42531 However, applications distinguishing local inspection from full surveys have been rejected if misframed. Vishwanath S/o Govind Rao VS Howgiappa S/o Gundayya - 2019 Supreme(Kar) 1517Vishwanath S/o Govind Rao VS Howgiappa S/o Gundayya - 2019 Supreme(Kar) 1588
To maximize a survey plan's impact:- Ensure the commissioner personally oversees preparation.- File as part of the formal report with certification.- Summon the surveyor for examination.- Object timely if challenging accuracy.- Seek government surveyors where possible for added credibility. Chandramani son of Marotrao Pantavne VS Shashikala wife of Brijlal Bisen - 2016 Supreme(Bom) 705A. R. Lalitha VS C. N. Satyanarayana - 2015 Supreme(Kar) 1269
Trial courts exercise discretion, but rejections contrary to settled law (e.g., needing demarcation) are set aside. A. R. Lalitha VS C. N. Satyanarayana - 2015 Supreme(Kar) 1269 The discretionary power of appointing a commissioner under Order XXVI Rule 9 of CPC and the necessity to appoint a commissioner to ascertain the truth in property disputes.
Under Order XXVI Rule 10A CPC, parties may cross-examine commissioners, but experts must follow Evidence Act Section 138 (examination-in-chief first). Pawan Kumar VS Fulla Devi - 2019 Supreme(P&H) 2400 This ensures robust scrutiny.
The evidentiary value of a survey plan directly filed by a surveyor-joint commissioner under Order XXVI Rule 9 CPC is generally limited without proof of accuracy and trustworthiness. Courts prioritize verification over blind acceptance, aligning with Evidence Act principles.
Key Takeaways:- Prove the plan via maker's testimony. Peedikayullaparambath Chandramathi D/o Kunhikanaran VS P. P. Raveendran S/o Kunhikanaran - 2023 0 Supreme(Ker) 681- Ensure commissioner supervision and procedural adherence.- Leverage for assistance, not adjudication. Mohammed Iqbal VS Bochu Ameer - 2024 Supreme(Telangana) 543- Prefer expert government surveyors. Chandramani son of Marotrao Pantavne VS Shashikala wife of Brijlal Bisen - 2016 Supreme(Bom) 705
In summary, while valuable tools, these plans demand scrutiny. Proper handling can strengthen your case in land disputes. For tailored advice, engage a legal expert familiar with CPC and local practices.
Word count: Approximately 1050. References confined to provided sources.
#CPCLaw, #SurveyPlanEvidence, #LandDisputes
value, and it shall not form part of the record as per Order XXVI Rule 10(2). ... In this context, we have to see certain provisions under Order XXVI, seeking some guideline from the previous decisions also. ... 12. Order XXVI Rule 9 C.P.C. contemplates appointment of Commissioner to make local investigation. ... In this view of the matter, in my opinion, Ex.C3 is not at all the ....
Subsequently, the petitioner had filed a petition in I.A. No. 5 of 2022 under Section 151 of C.P.C. seeking an order to scrap the said Commissioner's Report, which has been filed in I.A.39 of 2016 in O.S.No.10/2016 on 23.02.2018 and Surveyor plan dated 13.11.2017. ... Rajya Tilhan Utpadak Sahakari Sangh Maryadit Vs Modi Transport Service] reported in [2022 LiveLaw (SC) 471 CA 1973 of 2022] dated 11 May 2022, the Hon'ble Apex Court made the following observation upon t....
He argues that trial Court failed to understand the scope and significance of Section 73 and Order XXVI Rule 9 of CPC. ... In the said suit, plaintiffs filed the subject Application under Order XXVI Rule 9 read with Sec. 151 CPC to appoint Advocate Commissioner to trace out the fact that suit schedule boundaries or boundary named persons or their legal heirs ide....
In fact, this Court, in Bandi Samuel and Another vs. Medida Nageswara Rao referring to the several expressions considered the scope of Order XXVI, Rule 9(1) and Section 75, C.P.C. The very wording of Rule IX of Order XXVI says commissions to make local investigation. ... No. 567 of 2019 is filed under XXVI Rule 9 read with Section 151 CPC to ap....
(For short ‘trial Court’) filed under Order XXVI Rule 9 of CPC seeking to appoint an Advocate Commissioner. ... Kandula Hanumantha Reddy and others, 2013 (4) ALD 322, wherein the High Court of Andhra Pradesh held that: “Even though Order XXVI Rule 9 CPC envisages appointment of a Commissioner for elucidation of the matters in ....
The case of the petitioner before the trial Court is that he has filed a petition under Order XXVI Rule 9 of the Code of Civil Procedure praying the Court to appoint an advocate commissioner to determine the survey number of the land (suit schedule property) which is in the possession and enjoyment of ... of demarcation of the disputed land, it was appropriate for the Court to direct the investiga....
The case of the petitioner before the trial Court is that he has filed a petition under Order XXVI Rule 9 of the Code of Civil Procedure praying the Court to appoint an advocate commissioner to determine the survey number of the land (suit schedule property) which is in the possession and enjoyment of ... of demarcation of the disputed land, it was appropriate for the Court to direct the investiga....
CPC which was rejected by the trial Court, in view of the fact that it was a case of demarcation of the disputed land, it was appropriate for the Court to direct the investigation by appointing a Local Commissioner under Order 26 Rule 9 CPC.” ... By observing so, this Court has dismissed the CRP upholding the order of the trial Court by which an advocate commissioner was #HL_STAR....
Having regard to the provision under Order XXVI Rule 9 of the Code of Civil Procedure, it cannot be always opined that advocate commissioner is appointed only for the purpose of collection of evidence. ... Apart from the suit, the plaintiff also filed I.A.No.396 of 2023 under Order XXVI Rule 9 of the Code of Civil Procedure to appoint an Advocate Commi....
In the appeal by the aggrieved plaintiff filed IA.No. 1 of 2021 in A.S.No. 34 of 2021 under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (For short 'CPC'), seeking to appoint an Advocate Commissioner to note down the physical features of the Suit Property along with a qualified Surveyor ... In these circumstances, the petition filed under Order XXVI, Rule#HL_....
Rule 9 CPC provides for commissions to make local investigations in any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any order in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit, directing him to make such investigation and to report thereon to the Court, provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shal....
Accordingly I answer substantial question of law in the affirmative. The arguments advanced on behalf of the appellants that plaintiffs had filed I.A. NoNo.IV under order XXVI Rule 9 of CPC for appointment of surveyor as Court commissioner and that said application was illegally rejected by the Trial Court, cannot be accepted. Admittedly I.A. No. IV filed under Order XXVI Rule 9 of CPC was for appointment of Court commissioner for local inspection of the suit property and not for appointment of surveyor for conducting survey of the land. Under these circumstances I hold tha....
Under these circumstances I hold that the Courts below were justified in granting the decree based on the counter claim of the defendant though it did not relate to subject matter of the suit. Admittedly I.A. No. IV filed under Order XXVI Rule 9 of CPC was for appointment of Court commissioner for local inspection of the suit property and not for appointment of surveyor for conducting survey of the land. The arguments advanced on behalf of the appellants that plaintiffs had filed I.A. No. IV under order XXVI Rule 9 of CPC for appointment of surveyor as Court commissioner an....
Further proceedings shall be taken up in accordance with the observations in this judgment. [d] The Trial Judge shall appoint a Court Commissioner under Order-XXVI, Rule 9, Civil Procedure Code, preferably a Govt. Surveyor. The Judgment and Decree dated 7th August, 2004 passed by learned Sixth Joint Civil Judge [Junior Division], Nagpur, in Regular Civil Suit No. 411 of 2001 as well as the Judgment and Decree dated 17th December, 2011 passed by learned District Judge-17, Nagpur, in Regular Civil Appeal No. 500 of 2004 are set aside. [c] The parties to appear before the Tria....
However, learned trial Judge rejected I.A. 2 holding that allowing the said application is as good as collection of evidence, it is for the plaintiff to discharge his burden proving his title over the suit schedule property and the defendant making an application for appointment of commissioner at the initial stage would not be permitted. The plaintiff/1st respondent filed objections to the said application. In the said suit proceedings, defendant No. 2 filed an application under Order XXVI Rule 9 of CPC praying for appointment of Taluka Surveyor as Commissioner to survey the land ....
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