AI Overview...
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Belated Stage - Multiple courts consistently recognized that applications for the appointment of an Advocate Commissioner filed at a late stage in proceedings are generally viewed unfavorably, often leading to dismissal. For example, in K SURESHKUMAR vs KELUKUTTY (DIED - Kerala, the court dismissed the plaintiff's motion for appointment due to its belated nature, and similarly in IND_KAR00000012821, the application was dismissed because it was filed after evidence was closed.
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Lack of Bona Fide and Justification - Courts have emphasized the importance of demonstrating genuine need and timely filing. In R. Narashimmachari VS Meenakshi Ammal - Madras, the court noted the absence of bonafide grounds for a second appointment at a belated stage, and in R.M.SANKAR vs C.JAGANATHAN - Madras, the delay and lack of satisfactory reasons led to dismissal.
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Legal Framework and Discretion - Under CPC Order 26 Rule 9, courts possess discretion to appoint an Advocate Commissioner at any stage, but this is subject to foundational reasons and the stage of proceedings. Courts like in Mr. Neeli Rishi Kumar vs Ms. Swathi Menon P. - Telangana and B. Bikshapathi VS P. Radha - Telangana clarified that such appointments should not be made merely to collect evidence at a late stage, especially after closure of evidence or near trial.
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Judicial Discretion and Justice - Courts have upheld the principle that late-stage appointments, especially without proper justification, may unduly influence trial fairness. In Maria Jaganathan vs Murphy Thomas - Madras, the court set aside a trial court order and directed appointment, indicating that earlier dismissals can be challenged if justified, but generally, courts are cautious about belated applications.
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Summary - Overall, appointment of Advocate Commissioners at a belated stage is generally disfavored unless there are compelling reasons and timely filings. Courts prioritize procedural fairness, timely application, and genuine necessity over late-stage evidence collection.
References: - K SURESHKUMAR vs KELUKUTTY (DIED - Kerala - NEENA VARGHESE vs ANNAMMA JOSEPH - Kerala - R. Narashimmachari VS Meenakshi Ammal - Madras - Mr. Neeli Rishi Kumar vs Ms. Swathi Menon P. - Telangana - SMT BHARATHI v/s SMT SHASHIKALA - Karnataka - B. Bikshapathi VS P. Radha - Telangana - D. Nallathambi VS Rajammal - Madras - Maria Jaganathan vs Murphy Thomas - Madras - R.M.SANKAR vs C.JAGANATHAN - Madras - A.Alagesan vs Valliammal - Madras
Search Results for "Appointment of Advocate Commisiioner at Belated Stage"
2012 Supreme(Online)(KER) 49453 • India - High Court of Kerala
S.S.SATHEESACHANDRAN, J
Finding of the Court: The court found that the application for the appointment of a commissioner was belated and lacked ... Commission - Advocate Commissioner - N/A - The court upheld that the application for an Advocate Commissioner to measure property ... Fact of the Case: The plaintiff's motion for appointing an Advocate Commissioner to measure the property was dismissed ... Challenge in the original petition is against Ext.P....
2011 Supreme(Online)(KER) 20059 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Issues: Whether the appointment of a new Advocate Commissioner was warranted given the existing evidence from the previous ... Injunction - Property Dispute - Act Section List - The court examined the legal framework surrounding the appointment of an Advocate ... Commissioner, interpreting the necessity of such appointments in relation to existing evidence and ensuring that justice is not ... In view of the above, I am not inclined to think that at the bela....
2005 0 Supreme(Mad) 763 • India - Madras
R.BANUMATHI
The court also noted the belated stage of the application and the lack of bonafide in seeking a second appointment. ... of an Advocate Commissioner and the grounds for seeking a second appointment. ... Revision - Appointment of Advocate Commissioner - Or.26, R.9 CPC - I.A.No.855/2002, O.S.No.1352/85 - The court discussed the appointment ... Pointing out the belated stage in which....
2025 Supreme(Online)(Tel) 14488 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J
CPC can be filed at any stage. There is with quarrel with regard to the said principle. But, it is not automatic. The petitioner has to lay foundation and explain satisfactory reasons to appoint an Advocate Commissioner. ... (ii) If Advocate-Commissioner is appointed at this stage, it amounts to collection of evidence. 6.
2025 Supreme(Online)(KAR) 7085 • India - High Court of Karnataka
SMT. JUSTICE LALITHA KANNEGANTI, J
(A) Civil Procedure Code, 1908 - Order 26 - Appointment of Advocate Commissioner - The plaintiff sought a mandatory injunction against ... The trial Court dismissed the application as it was filed at a belated stage. ... the defendants for encroachment on property and requested the appointment of a Commissioner post-evidence stage, which was dismissed ... There is no difficulty in appointing the Advocate Commissioner#HL_EN....
2022 0 Supreme(Telangana) 136 • India - Telangana
A.VENKATESHWARA REDDY
Issues: The main issue was whether the appointment of the Advocate Commissioner for local investigation at a belated stage ... Finding of the Court: The court found that the appointment of the Advocate Commissioner at a belated stage after closure ... Advocate Commissioner - Appointment of Advocate Commissioner for local in....
2017 0 Supreme(Mad) 2462 • India - Madras
M.V.MURALIDARAN
During the stage of arguments, the defendants filed a petition for the appointment of an Advocate Commissioner to inspect the property ... Advocate Commissioner - Permanent Injunction - The court upheld the appointment of an Advocate Commissioner in a suit filed for ... Finding of the Court: The court found that the appointment of the Advocate Commissioner was justified, citing....
2025 Supreme(Online)(Mad) 55436 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
The court ultimately allowed the petition, set aside the trial court's order, and directed the appointment of an Advocate Commissioner ... The trial court dismissed the applicant's plea stating the application was made at a belated stage. ... This case concerns the dismissal of an application for appointing an Advocate Commissioner to document physical features of the suit ... to the Commissioner to file a report within a period of one month from the....
2023 Supreme(Online)(MAD) 43736 • India - Madras High Court
Whether the application for the appointment of an Advocate Commissioner was filed belatedly? ... 2. ... APPOINTMENT OF ADVOCATE COMMISSIONER - ORDER 26 RULE 9 CPC - DELAYED APPLICATION - NO DOCUMENTARY EVIDENCE - DISMISSAL OF APPLICATION ... of an Advocate Commissioner. ... The learned counsel for the petitioner submitted that the application in I.A.No.3 of 2021 was filed for appointment of Advocate #HL....
2025 Supreme(Online)(Mad) 56702 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
(A) Constitution of India - Article 227 - Appointment of Advocate Commissioner - Revision petitioner contested the appointment of ... Advocate Commissioner intended to inspect property and ascertain physical features related to a new suit filed by the respondent ... an Advocate Commissioner at this stage was unwarranted and could unduly aid in collecting evidence about possession before trial ... , he therefore sta....
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