AI Overview...
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Appointment of Court Commissioner - The courts generally consider whether appointing a Court Commissioner before trial is appropriate, especially for measurement, localization, or inspection of properties. Many decisions affirm that such appointment can be made either before or after the commencement of trial, depending on the case’s needs and the court’s discretion MALLAMMA v/s VISHWANATH - Karnataka, Shantaram Dattatray Kekan VS Bhausaheb Karbhari Kekan - Bombay, B Ramadevi VS A. Ravindra Prasad - Andhra Pradesh.
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Conditions for Appointment - The appointment is typically justified when it helps in clarifying disputed facts, such as boundary measurement, property localization, or physical inspection of features. The courts emphasize that the appointment should not be arbitrary and must serve the purpose of effective dispute resolution N. Prabhakar Reddy vs V. Gopinadh - Andhra Pradesh, S. R. Siddalinga Devaru S/o. Rajashekaraiah VS S. Chandrashekaraiah, S/o. Siddalingappa - Karnataka.
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Court’s Discretion - The discretion to appoint a Court Commissioner lies with the court, which considers whether the appointment is necessary to facilitate justice and reduce litigation complexity. The courts have upheld appointments even before trial to streamline proceedings MALLAMMA v/s VISHWANATH - Karnataka, Dinanath Supdu Joshi Died through his Legal Heirs Sharda Wd/o Dinanath Joshi VS Shriram S/o Shrikrushna Dautkhane - Bombay.
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Limitations and Grounds for Rejection - The courts have set aside appointments if they find that the application is unwarranted or if the appointment is made at an inappropriate stage without sufficient justification. For example, unwarranted appointments or those made without proper grounds have been set aside DINANATH SUPDU JOSHI DIED THROUGH LRS SHARDA DINANATH JOSHI vs SHRIRAM SHRIKRUSHNA DAUTKHANE AND ANOTHER - Bombay, B. Ramadevi VS A. Ravindra Prasad - Current Civil Cases.
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Specific Applications - Applications under Order 26 Rule 9 CPC are commonly filed for appointing Commissioners for measurement, localization, or inspection. The courts have consistently upheld such applications when they are made to facilitate the resolution of property disputes or to reduce oral evidence SUSHMA M. MALLY W/O. LATE. K. MANMOHAN MALLY VS MANGALORE LADIES CLUB LIGHT HOUSE HILL ROAD MANGALORE - Karnataka, Kamma Suresh Babu S/o Venkateswarlu VS Manne Venkata Seshaiah S/o Shri Ramulu - Andhra Pradesh.
Analysis and Conclusion:
The appointment of a Court or Advocate Commissioner under Order 26 Rule 9 of the CPC before the commencement of trial is permissible and often encouraged to facilitate the accurate determination of facts, especially in property disputes involving measurement, localization, or physical inspection. Such appointments are at the court’s discretion and should be made based on necessity and the interests of justice. Courts have rejected unwarranted or premature applications but generally support appointments that aid in efficient dispute resolution and reduce oral evidence.
Search Results for "Appoint of Commissioner under Order26 for Measurment before Commencement of Trial"
• India - Bombay High Court - Bench at Aurangabad
Sandeep V. Marne, J
... ... Issues: The core issue was whether it was appropriate to appoint a Court Commissioner to gather evidence before trial. ... - The court concluded that the request to appoint a Court Commissioner at this juncture was unwarranted and set aside the previous ... ... ... Findings of Court: ... The Trial Court was found to have erred in allowing the appointment of a Court Commissioner, which ... This Court in few decisions has permitted appointment of Court #HL_....
2024 Supreme(Online)(AP) 17034 • India - High Court of Andhra Pradesh
NYAPATHY VIJAY, J
prior to trial commencement. ... ... ... Issues: The main issue was whether the trial court erred in dismissing the application for appointing an Advocate Commissioner ... Commissioner to assist in identifying the disputed property. ... The defendant also filed an application I.A.No.916 of 2022 to appoint an Advocate Commissioner for the purpose of localization and identification of the disputing 'B’ schedule property. ... Palli Appalaraju ’, after considering the p....
2024 Supreme(Online)(KAR) 36794 • India - High Court of Karnataka
S.R.KRISHNA KUMAR, J
... ... Issues: The main issue was whether it was necessary to appoint a court commissioner to ascertain the actual situation of ... 1, 7, 11) ... ... (B) Court's Discretion - The court has the discretion to appoint ... (A) Civil Procedure Code, 1908 - Order 26 Rule 9 - Appointment of Court Commissioner - Application for appointment of a court commissioner ... Thus the provision can be invoked either before the commencement of the trial or after. If the application....
2022 0 Supreme(Bom) 1637 • India - Bombay
SANDEEP V. MARNE
The Trial Court allowed the application for appointment of Court Commissioner for measurement and fixation of boundaries of the suit ... Court Commissioner - Appointment of Court Commissioner for measurement of land under Section 75 r/w Order 26 Rule 9 of the Code ... The plaintiffs were given the liberty to file an appropriate application for appointment of Court Commissioner for measurement of ... This Court in few decisions has permitted appointme....
2022 0 Supreme(Bom) 1639 • India - Bombay
SANDEEP V. MARNE
It also directed the Trial Court to decide any future applications for the appointment of a Court Commissioner on their own merits ... Court Commissioner - Measurement of Land - Code of Civil Procedure, 1908 - Section 75, Order 26 Rule 9 - Summary Fact of ... the Case: The petitioner challenged an order allowing the appointment of a Court Commissioner for the measurement of plots ... This Court in few decisions has permitted appointment of Court Commissioners even be....
2020 0 Supreme(Kar) 2310 • India - Karnataka
S.G.PANDIT
, plaintiff filed an application I.A.XI under Order 26 Rule 9 read with Section 151 of CPC to appoint Taluk Surveyor as Court Commissioner ... Commissioner and get a report, so as to resolve the dispute between the parties - No error in the impugned order passed by the trial ... amount of oral evidence would not be sufficient to resolve dispute between parties - Hence, it is appropriate for the Court to appoint ... To cut short the litigation to reduce recording evidence, the trial Cou....
• India - Current Civil Cases
K. MANMADHA RAO
aware of report of Commissioner and go to trial prepared – Object of local investigation under Order XXVI, Rule 9 of CPC cannot belittled ... if Advocate commissioner is appointed – Impugned order set aside. ... Civil Procedure Code, 1908 – Order 26 Rule 9 – Appointment of Advocate Commissioner – Where there is controversy ... the property so also even at the initial stage before commencement of trial, leave about even an ex parte advocate commissioner can be appointe....
2018 0 Supreme(Kar) 420 • India - Karnataka
S.G.PANDIT
Which is shown in plaint as 'C' Schedule property - Trial Court ordering appointment of a Commissioner to measure the property, which ... parties to prove their case based on such report and all other documentary evidence available on record - Held, Impugned order of trial ... To cut short the litigation to reduce recording evidence, the trial Court in its wisdom, thought it fit to appoint a commissioner even before the commencement of the trial. Tha....
2023 0 Supreme(AP) 1324 • India - Andhra Pradesh
K. MANMADHA RAO
APPOINTMENT OF ADVOCATE COMMISSIONER - PROPERTY DISPUTE - Order 26 Rule 9 of CPC, VADLAMANI SURYANARAYANA ... Medida Nageswara Rao - The court discussed the appointment of Advocate Commissioner in property disputes and the necessity of local ... Fact of the Case: The petitioner sought appointment of Advocate Commissioner to note ... can be appointed to measure and demarcate the property so also even at the initial stage before commencement of trial, leave about even an ex parte advocate commi....
2023 0 Supreme(AP) 1551 • India - Andhra Pradesh
K. MANMADHA RAO
... ... Findings of Court: ... The trial court’s order allowing the appointment of an Advocate Commissioner was upheld, affirming ... (A) Code of Civil Procedure, 1908 - Order 26 Rule 9 - Appointment of Advocate Commissioner - Petitioners sought appointment of a ... commissioner to inspect physical features of a disputed passage between properties - The Court below allowed the application, recognizing ... the property so also even at the initial stage before commencement of trial, le....
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