AI Overview...
-
Power of Court under Order 26, Rule 10(3) - The Court's authority to scrap an earlier commission report and order a fresh one is limited and exercised only when the initial report is found unsatisfactory or problematic. The Court must be satisfied that the proceedings or report are not satisfactory before appointing a second Commissioner. This power is to be exercised reasonably and with circumspection. R. Viswanathan VS P. Shanmugham and another - Madras, V. Somu Gounder VS S. Natesa Gounder - Madras, R. Malligeswari VS V. Munuswamy - Madras, Balakrishna Menon VS Padmavathy Amma - Kerala, Vemba Gounder VS Pooncholai Gounder - Madras, Ram Lakhan VS District Judge - Allahabad, Renuka Roy VS Lakshmi kanta Roy - Current Civil Cases, Pitchammal VS Sivaniyapillai Ammal - Madras
-
Conditions for Appointment of Second Commissioner - The appointment of a second Commissioner under Rule 10(3) is permissible only if the first report is deemed unsatisfactory, and the Court is dissatisfied with the proceedings. The Court's satisfaction is a prerequisite, and this power is to be exercised judiciously. V. Somu Gounder VS S. Natesa Gounder - Madras, Balakrishna Menon VS Padmavathy Amma - Kerala, Vemba Gounder VS Pooncholai Gounder - Madras
-
Evidentiary Value of Commissioner’s Report - The report by the Commissioner is considered evidence but its sufficiency depends on the circumstances. If the Commissioner is not examined, or if the report and evidence are insufficient, it may weaken the case. The report's evidentiary value is subject to the Court's assessment of its reliability and completeness. KANTARU SAHU VS DHARMA SAHU - Orissa, Renuka Roy VS Lakshmi kanta Roy - Current Civil Cases
-
Court’s Discretion and Legal Principles - The Court's discretion under Order 26, Rule 10(3) must be exercised lawfully, considering the satisfaction with the initial proceedings and report, and only ordering a second commission when justified. The principles emphasize reasoned and circumspect exercise of power. R. Malligeswari VS V. Munuswamy - Madras, Pitchammal VS Sivaniyapillai Ammal - Madras
Analysis and Conclusion:
Order 26, Rule 10(3) of the Civil Procedure Code provides a limited and specific power to courts to scrap an initial commission report and order a fresh one, primarily when the original report is unsatisfactory or flawed. The Court’s satisfaction and adherence to principles of reasonableness are crucial in exercising this power. The reports serve as evidence but are subject to judicial scrutiny regarding their sufficiency and reliability. Proper exercise of this authority ensures fairness in property and survey disputes, maintaining procedural integrity.
Search Results for "Civil Procedure Code o 26 R 10 3"
1984 0 Supreme(Mad) 444 • India - Madras
S.NAINAR SUNDARAM
Code of Civil Procedure, 1908-Order 26, Rule 10(3)-Power of Court for scrapping of earlier report of commission and order for fresh ... The power in this behalf is circumscribed by the principles under Order 26, rule 10(3) of the Civil Procedure Code, hereinafter referred to as the Code. ... No.2011 of 1984 is remitted back to the file of the Court below for it to consider the same in accordance with law, keeping in mind the provisi....
1994 0 Supreme(Mad) 399 • India - Madras
THANGAMANI
Code of Civil Procedure, 1908-Order 26, Rules 9 and 10(3)-Appointment of second Commissioner during existence of report submitted ... The power is circumscribed by the principles under 0.26, Rule 10(3). The power can be exercised only after the court below renders a finding that the proceedings and the report of the earlier Commissioner are not satisfactory and there is need for a further enquiry. ... Thereafter he filed I.A.No.626 of 1993 another application under 0.....
2023 0 Supreme(Cal) 1031 • India - Calcutta
TAPABRATA CHAKRABORTY, RAJA BASU CHOWDHURY
CIVIL PROCEDURE CODE (CPC) - ORDER 26 RULE 10(3) - ORDER 41 RULE 27 - SURVEY REPORT - OBJECTION - CONSIDERATION - EVIDENCE - SUBSTANTIAL ... Rule 10 (3) of the Code of Civil Procedure and only thereafter, the said report was exhibited and accepted. ... Rule 10 (3) of the Code of Civil Procedure and only thereafter, the said report was exhibited and accepted. 2. ... The Advocate Commissioner was du....
2015 0 Supreme(Mad) 1946 • India - Madras
T.MATHIVANAN
Code of Civil Procedure, 1908 – Order 26 Rule 10 – Memorandum of Civil Revision – Challenge is made in this ... memorandum of Civil Revision to the fair and decreetal order dated 14.12.2010 and made in I.A. in O.S. on the file of the learned ... From the languages of Sub rule 3, this Court infer that the powers of the Court have to be exercised reasonably with circumspection in accordance with the provisions of Order 26 Rule 10(3) o....
1992 0 Supreme(Ker) 348 • India - Kerala
P.A.MOHAMMAD
Commissioner Report - Appointment of Second Commissioner - [PROPERTY DISPUTE] - [Order 26, Rule 10(3) of CPC] - The court discussed ... It is only if the report of the first commissioner is unsatisfactory and the Court is dissatisfied with his proceedings that a second commissioner may be appointed under the provisions of O.26, R. 10(3), C.P.C." ... The defendants, who have agreed to his appointment and to abide by his estimate, are not entitled to t....
1983 0 Supreme(Ori) 57 • India - Orissa
P.C.MISRA
CIVIL PROCEDURE CODE - ORDER 26, RULE 10 - COMMISSIONER'S REPORT - EVIDENTIARY VALUE - COMMISSIONER NOT EXAMINED - REPORT AND ... The Amin's evidence and map were insufficient to establish a case of encroachment by the defendants. 3. ... Whether the Amin's evidence and map were sufficient to establish a case of encroachment by the defendants. 3. ... 10 of Order 26, C. ... That is what Sub-rule (3) of Rule 10 of Or....
1996 0 Supreme(Mad) 99 • India - Madras
S.S.SUBRAMANI
(Order 26, Rule 10(3), Civil Procedure Code, 1908) 2. ... PROCEDURE CODE, 1908 - ORDER 26, RULE 10(3). ... The Court held that, under Order 26, Rule 10(3) of the Civil Procedure Code, 1908, a second Commissioner can only be appointed if ... Sub-rule (3) of R.10, O.26, C.P.C. is very important. ... The power in this behalf is c....
1992 0 Supreme(All) 945 • India - Allahabad
SUDHIR NARAIN
CIVIL PROCEDURE CODE - ORDER 26 RULE 9 - APPOINTMENT OF COMMISSIONER - POWER OF COURT TO APPOINT ANOTHER COMMISSIONER - COURT ... The power to appoint a Commissioner is contained in Order 26 Rule 9 of the Civil Procedure Code. Sub Rule 3 of Rule 10 of the Code empowers the Court to direct further enquiry, in case the Court is dissatisfied with the proceedings of the Commissioner. ... Order 26 Rule 9 of Civil Procedure Code provides ....
• India - Current Civil Cases
N.CHAUDHURY
Civil Procedure Code, 1908 — Order XXVI, Rule 9, 10 (2) & (3) — Dispossession — Only one report of Amin Commissioner and sketch map ... Rule 10(2) of the Code of Civil Procedure. ... There was no order for further commissioned under Order XXVI, Rule 10(3) of the Code of Civil Procedure. ... At the prayer of the parties, the learned Trial Court appointed a Survey Commission under the provision of Order XXVI, Rule 9 of the Code #HL_ST....
2023 0 Supreme(Mad) 2978 • India - Madras
L. VICTORIA GOWRI
Ratio Decidendi: The Court relied on legal provisions such as Order XXVI, Rule 10(3) of the Code of Civil Procedure, 1908, ... , 1908 - [Order XXVI, Rule 9, Section 151] Fact of the Case: The Civil Revision Petition was filed to set aside the ... Final Decision: The order dated 13.12.2012 passed in I.A.No.370 of 2013 in O.S.No.397 of 2011 was set aside, and the Civil ... Order 26, Rule 10(3) that "where the court is for any reason dissatisfied wit....
Filter by Legal Phrase
