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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The courts have also observed that the appointment of an Advocate Commissioner to note physical features may amount to collection of evidence, which is permissible when it aids in clarifying facts, but not when it amounts to gathering new evidence in a contested case ["2025 Supreme(Online)(Tel) 66701"], ["2025 Supreme(Online)(Tel) 40154"].
Analysis and Conclusion:
In property disputes, boundary conflicts, or land litigation, surveyor reports often play a pivotal role. Imagine you're in court, armed with a detailed survey map and an affidavit swearing to its accuracy. But can you simply file the evidence of a surveyor along with an affidavit and expect the court to accept it? This common question arises frequently: can evidence of surveyor be filed along with ?
The short answer is yes, but with significant caveats. Courts in India, guided by the , demand proper proof of the report's accuracy and authenticity. Merely attaching it to an affidavit isn't enough—without validation, it holds minimal . This blog post dives deep into the legal nuances, drawing from key judgments and practical insights to help you navigate this terrain effectively.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case.
Under the Indian Evidence Act, surveyor reports—especially maps or plans prepared for a specific case—are not presumed accurate unless made under government authority. Section 83 explicitly states that maps or plans made under government authority are presumed accurate, but those prepared for a particular cause must be proved to be accurate 2008 0 Supreme(Kar) 334.
The main legal finding is clear: The evidence of a surveyor can be filed along with an , but only if the surveyor's report is properly proved to be accurate and reliable, generally through himself or through other admissible supporting evidence. Merely exhibiting a surveyor’s report without proper proof does not render it admissible
.
.
Several cases underscore these principles. In
, the court clarified: maps or plans prepared by a surveyor for a case need to be proved to be accurate through . Without such proof, the maps are of limited . Certified copies were rejected absent surveyor examination.
Similarly, 2003 8 Supreme 193 reiterated that the party relying on the map bears the onus, and failure to examine the surveyor dooms .
like government-authorized surveys enjoy a 2003 8 Supreme 193. However, case-specific surveys demand rigorous proof 2008 0 Supreme(Kar) 334.
Surveyor evidence frequently appears in insurance disputes and property verification. In protection cases under the Protection Act, , insurers file surveyor affidavits, but courts scrutinize their proof.
For instance, in
, the court noted: It was only when the was filed by the Insurance Company that they alleged that they had appointed a second surveyor. Evidence beyond pleaded facts was deemed irrelevant, highlighting the need for timely, pleaded proof.
In
, it was presumed that the appellant had filed counter as well as affidavit of the Surveyor, but this was in context where documents were already marked—still underscoring proper filing.
Advocate Commissioners offer another angle. In 2024 0 Supreme(Telangana) 528, the court allowed appointment for verifying physical features (not possession), directing: appointment of an Advocate Commissioner to verify the physical features of the property. This shows courts permit surveyor-like verification but limit scope 2024 0 Supreme(Telangana) 528.
In insurance scenarios, like
, opposite parties filed affidavit of Shri Vaibhav Dhatwalia Surveyor cum Loss Assessor in evidence, with recitals deeming the report part of evidence. Yet, courts stress cogent reasons if rejecting or relying solely on it
.
Another case,
, saw affidavits of surveyors filed, but the focus remained on overall evidence quality, including recitals verifying contents.
These examples illustrate that while affidavits accompany surveyor evidence in affidavits in diverse fields—insurance 2019 0 Supreme(HP) 1303, arbitration 2013 0 Supreme(Bom) 157—proof via examination or affidavits remains essential. In
, absence of affidavit of Surveyor was produced in evidence weakened claims.
To maximize :- Examine the Surveyor: Call them as a witness to affirm accuracy.- File with Proper Affidavit: Include recitals verifying contents, as in There is recital in affidavit that version and annexures OP1 to OP7 be read in evidence as part and parcel of affidavit 2019 0 Supreme(HP) 1303.- Plead Facts Early: Avoid introducing surveyor evidence late, as in
, where post-pleading affidavits were irrelevant.- Seek Commissioners: For physical verification, apply under Order 26 Rule 9 CPC, but specify limits (features, not possession) 2024 0 Supreme(Telangana) 528 2022 0 Supreme(AP) 466.- : In insurance, provide cogent proof to challenge surveyor reports
.
Failure here risks the report being disregarded, as courts award based on proved evidence 2020 Supreme(Online)(NCDRC) 696.
Filing surveyor evidence with an affidavit is permissible, but hinges on proving accuracy—typically via surveyor examination or reliable support. Without it, expect limited value, as affirmed across cases 2003 8 Supreme 193
2008 0 Supreme(Kar) 334.
For robust litigation, prioritize proof over mere filing. Stay informed, and always seek professional counsel to tailor strategies to your facts.
References:1. 2003 8 Supreme 193: Maps require proof via surveyor examination.2.
: Limited value without accuracy proof.3. 2008 0 Supreme(Kar) 334: Section 83 on proving case-specific plans. #SurveyorEvidence, #EvidenceAdmissibility, #IndianEvidenceAct
After the institution of the suit on his application, the Mandal Surveyor has conducted a survey in the disputed land and fixed boundaries in the presence of the parties along with other witnesses and conducted a Panchanama vide file No. ... The respondent has filed the counter affidavit against the averments made by the petitioner and the learned counsel for the respondent contended that the respondent/defendant is in active possession and enjoyment of the suit schedule property to the knowledge of the petitioner and on....
After the institution of the suit on his application, the Mandal Surveyor has conducted a survey in the disputed land and fixed boundaries in the presence of the parties along with other witnesses and conducted a Panchanama vide file No. ... The respondent has filed the counter affidavit against the averments made by the petitioner and the learned counsel for the respondent contended that the respondent/defendant is in active possession and enjoyment of the suit schedule property to the knowledge of the petitioner and on....
Further, the petitioners filed copy of the affidavit filed by the respondents in W.P.No.26040 of 2019. In said writ petition, the prayer was to direct the municipality to take necessary action against the illegal construction in suit schedule property in Sy.No.154. ... When the earlier survey report is against their interest, a petition is filed by the respondents for appointment of Advocate Commissioner to create fresh evidence to support their case. ... The petitioners filed counter....
the possession of the respondents/plaintiffs over the petition scheduled property and on their behalf filed certain documents i.e., Certified copy of Urdu sale deed along with translation, electricity bills along with photographs to the said suit scheduled property. ... A counter affidavit has been filed by the respondents stating that the mosque and mulgies are not mentioned in the written statement filed by the respondents/plaintiffs and that they are at a distance from the suit sche....
However, instead of filing the evidence affidavit, the defendants filed a memo to close their evidence as exhibits B1 and B2 were already marked. Hence, the suit is posted to 11.09.2019 for arguments. The defendants approached the Court with unclean hands by suppressing the real facts. ... Therefore in my considered view, no prejudice will be caused to the respondent herein by appointing the advocate commissioner to visit the suit property along with the surveyor and note down the phys....
Opposite party filed affidavit of Pallavi Roy in evidence. There is recital in affidavit that deponent is working as Manager (Legal). There is recital in affidavit that version and annexures OP1 to OP7 be read in evidence as part and parcel of affidavit. ... Complainant filed affidavit of Shri Yash Pal in evidence. There is recital in affidavit that deponent is husband of complainant. There is rec....
Pedrick Appu gave evidence that he was present when the surveyor surveyed the land on which Sarnelis afterwards dug plumbago; that as the land was surveyed the trenches were cut; that they started cutting the boundaries from the rock where the surveyor kept his the odolite (which is incredible); ... Whether the surveyor really marked out the Crown land depends mainly on the evidence of Sarnelis and two men, who deposed that they were present at the survey. Sarnelis said that having taken a lease ....
As the appellant had filed Written Statement and other documents we will presume that the appellant had filed counter affidavit in evidence as well as affidavit of the Surveyor. ... was reserved for orders, refuting the argument of counsel for the respondent that no counter affidavit had been filed by the appellant in the evidence; that counter affidavit as well as affidavit of the Sur....
Chopra, Chartered Accountant and Mr.Harish Kumar, Surveyor shall be filed before the State Commission on that date along with an affidavit from an officer of the insurer. ... Harish Kumar, Surveyor who was appointed by the insurer. The learned counsel for the complainant however, submits that no such affidavit was filed before the State Commission. The appellant company has filed an affidavit of Mr. ... The insurer has also #HL_STAR....
There is further recital in affidavit that deponent has submitted the report in the office of opposite parties. 10. Opposite parties also filed affidavit of Shri Mohinder K. Sharma surveyor cum loss assessor in evidence. ... Complainant filed affidavit in evidence. There is recital in affidavit that persons travelling in vehicle were not gratuitous passengers. There is recital in affidavit that persons were carryin....
It was only when the affidavit in evidence was filed by the Insurance Company that they alleged that they had appointed a second surveyor. It is a settled proposition of law that any evidence led beyond the facts pleaded is irrelevant evidence and not admissible. Since there was no contention regarding the appointment of second surveyor, any evidence subsequently led regarding appointment of second surveyor is irrelevant and immaterial evidence. The only contention was that on the basis of the report of the surveyor, the Insurance Company assessed the loss at Rs. 8,65,941/-....
Opposite party also filed affidavit of Shri Vaibhav Dhatwalia Surveyor cum Loss Assessor in evidence. There is recital in affidavit that Surveyor report annexure-OP3 (Colly) alongwith all documents be read in evidence.
4. It has been contended by the Counsel for the petitioner that the State Commission has failed to appreciate the contention of the petitioner that there was no fault on its part with respect to the safety of the insured goods and that suitable precautions in storing the goods had been taken by the petitioner. He submitted that the petitioner had filed his affidavit evidence and before the State Commission non-suited petitioner's case it ought to have appreciated that the contents of the report of the surveyor had not been proved by filing an affidavit by the surveyor. He f....
It was argued that shutter was damaged which was on account of use of force. The Counsel placing reliance on case titled as National Insurance Co. Ltd. v. Giriraj Proteins, (2012) 4 CPJ 151 (NC), submitted that the Surveyor's report was not the last and final word. He further submitted that the claim was wrongly repudiated. It was further submitted that no affidavit of Surveyor was produced in evidence.
Admittedly, the Respondent-claimant did not lead any evidence though there is denial to the important documents and its contents. The learned Arbitral Tribunal has allowed those applications. The Petitioner has filed affidavit of evidence of Mr. Parimal Shah, the surveyor in question.
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