AI Overview...
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Advocate Commissioner's Report in Different Suits - An advocate commissioner’s report in one suit cannot be used as evidence or be summoned in a different suit concerning a different property or issue. The report is specific to the matter in the original suit and not transferable or applicable to subsequent suits. SUSAI MUTHU vs ANTHONYSAMY - Madras, Periasamy vs K.Boopalan - Madras
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Appointment of Advocate Commissioners across Different Suits - The appointment of an advocate commissioner in a new suit for a different property or survey number is permissible even if a report was previously submitted in another suit. The mere existence of a prior report does not bar the appointment or use of a commissioner in a subsequent case, provided the issues are different. Periasamy vs K.Boopalan - Madras, H.Rani vs Poongani - Madras
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Evidence Value of Commissioner’s Reports - The reports of local or advocate commissioners are considered material evidence but are not conclusive. Their evidentiary value depends on the context; reports related to ownership, possession, or condition of property are scrutinized, and courts may consider additional evidence. Reports from different commissioners or in different suits are not automatically conclusive or transferable. Murti Shri Durga Bhawani (Hetuwali) Trust VS Kulwant Singh - Punjab and Haryana, Fauja Singh VS Resham Singh - Punjab and Haryana, SHYAMAL KANTI MALAKAR VS MONORANJAN DAS - Gauhati
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Legal Limitations and Procedural Aspects - Reports from commissioners in prior suits are not public documents and cannot be marked as evidence unless they meet specific criteria. Furthermore, reports from commissioners in different suits do not automatically influence the outcome of the current case and are subject to objections regarding admissibility. M. Rama Naidu VS B. Srinivasulu Naidu - Andhra Pradesh, Municipal Council, Nalgonda Municipality, rep. by its Commissioner VS Mohd. Abdul Rasheed - Andhra Pradesh
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Judicial Discretion and Suit Specificity - Courts emphasize that each suit is distinct, and reports or actions in one suit do not bind or automatically apply to another. The decision to rely on prior reports or appoint commissioners anew depends on the relevance, admissibility, and procedural correctness. SUSAI MUTHU vs ANTHONYSAMY - Madras, Pioneer Corporation VS Gulab Goel - Delhi
Analysis and Conclusion:
A report of an advocate or local commissioner is specific to the particular suit and cannot generally be summoned or used as evidence in a different suit concerning a different property or issue. While appointment of commissioners can be made in subsequent suits regardless of prior reports, the evidentiary value of such reports is limited and must be evaluated on a case-by-case basis. Courts maintain that each suit’s facts and reports are unique, and prior reports or actions do not automatically influence subsequent proceedings unless explicitly admissible and relevant.
Search Results for "Commissioner Report of a Different Suit"
2024 Supreme(Online)(MAD) 21689 • India - High Court of Madras
Honourable Mr Justice V. LAKSHMINARAYANAN
Issues: Whether an advocate commissioner can be summoned in a different suit to testify about a prior report. ... suit concerning an adjacent property, based on a report submitted earlier. ... in one suit cannot be compelled to appear in a subsequent suit to give evidence regarding a report submitted in the previous suit ... This is for an understanding that the report of the advocate c....
2012 0 Supreme(Mad) 1838 • India - Madras
G.RAJASURIA
or to a different Commissioner, to visit the suit property, with the assistance of either the same Surveyor or a different Surveyor ... suit property with the assistance of a different Surveyor, when the first Commissioner’s report and sketch are available on record ... to visit the suit property with the assistance of a different Surveyor, when the first Commissioner’s report and sketch are available ... Once a Co....
2009 0 Supreme(P&H) 1760 • India - Punjab and Haryana
SABINA
The material document is the report of the Local Commissioner--As per the Local Commissioner, the premises in occupation of the defendants ... part of khasra No. 4833--Admittedly khasra No. 4833 belongs to the Trust--Defendant submitting that suit property is different-- ... Civil Procedure Code, 1908, S. 100--Second Appeal--Suit for possession--Plaintiff--Trust sought possession of the suit property being ... In order to resolve the dispute as to whether the property....
2010 0 Supreme(AP) 1074 • India - Andhra Pradesh
B.PRAKASH RAO, B.N.RAO NALLA
persons retaining square yards – Held, Report of Advocate Commissioner coupled with the evidence of PW.3 reveals that the suit land ... orally and the same was mutated in her name in municipal records - Thereafter sold a portion of the house and some open land to different ... of the suit land in the year and the suit was filed in the year - Therefore, it cannot be said that the suit is barred by limitation ... The report of Advocate Commis....
2015 0 Supreme(Gau) 283 • India - Gauhati
A.K.GOSWAMI
The report of the Amin Commissioner was considered as evidence in the suit, and it was found that the land involved in both the sale ... The report of the Amin Commissioner was considered as evidence in the suit, and it was found that the land involved in both the sale ... deeds was different. ... The report of the Amin Commissioner is dated 04.11.1989. Order-sheet of the learned trial Court dated 20.11.1999 shows the submission of ....
2025 Supreme(Online)(Mad) 56592 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
The issue framed was whether the trial court erred in dismissing the application based solely on actions taken in a different suit ... This judgment considers the validity of the trial court's dismissal of an application for the appointment of an Advocate Commissioner ... Mere fact that Advocate Commissioner was appointed in a different suit cannot be a ground to reject the application, seeking appointment of Advocate Commissioner in an independent suit#HL_E....
2010 0 Supreme(P&H) 2308 • India - Punjab and Haryana
L.N.MITTAL
Report of Local Commissioner not conclusive. ... Issues: Ownership and possession of suit property, validity of Local Commissioner's report, co-ownership and joint possession ... of Local Commissioner not conclusive - Plaintiffs presumed to be in joint possession as co-sharers - Defendants not in possession ... Moreover, report of the Local Commissioner regarding condition of the suit property or factual position, at the spot stands on dif....
2023 0 Supreme(Del) 4086 • India - Delhi
C. HARI SHANKAR
Fact of the Case: The suit was decreed against multiple defendants on different dates. ... Decree - Defendant 7 - The court declined Defendant 7's request to file a reply to the report of the learned local Commissioner ... Defendant 7 avoided complying with the decree and sought time to file objections to the report of the local Commissioner without ... The prayer of Defendant 7 to file reply to the report of the learned local Commissioner is decli....
1993 0 Supreme(AP) 209 • India - Andhra Pradesh
P.RAMAKRISHNAM RAJU
HELD: The admisibility of a document as evidencing a transaction is different ... Satyanarayana, learned Counsel for the Petitioners, submits that the Commissioner s report in an earlier suit, cannot be marked since it is neither a public document within the meaning of Section 74 of the Evidence Act, nor the Commissioner a public servant and the report is not a document prepared in ... Therefore, when certified copy of plaint and written statement are held admissible, there should not ....
2025 0 Supreme(Mad) 4458 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Previously, the plaintiff filed a suit regarding different land, appointing an Advocate Commissioner. ... suit on different land. ... the order allowing the appointment of an Advocate Commissioner for a new suit concerning a different survey number despite an earlier ... The Trial Court also held that merely because in an earlier suit, the report of the Advocate commissioner was available, there i....
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