...application are sound reasons. The parties have to lead their independent evidence in support of their respective pleas. Local Commissioner cannot be appointed to ...in hand deserves to be dismissed as it is for the parties to prove their case by leading evidence independently and no Local Commissioner can be appointed for the purpose of coll...petitioner. During the pendency of the petition, petitioner moved an application for appointment of Local Commissioner for spot inspection and report as to whether there was sufficient open land and...

...clear that petitioner wants to collect evidence. Furthermore, there is a dispute of title, which cannot be adjudicated by the Local Commissioner. It is well established principle of law t...under Order 26 Rule 9 of CPC for appointment of Local Commissioner for the following purposes: 1 (i) To ascertain the..., Senior Division, Rewa, District Rewa in RCSA No.454/2023, by which an application filed by the petitioner under Order 26 Rule 9 of CPC for appointment of a Local Commissioner has been rejected...

...the petitioner was granted adequate number of opportunities to lead its evidence, during the course of which no application was filed on its behalf seeking appointment of Local Commissioner. Fur...after visiting the site in question would have facilitated the Trial Court to reach at a just decision; no prejudice would be caused to either side if the Local Commissioner is appointed ...their entire evidence and when the matter was listed for final arguments, the petitioner filed the application seeking appointment of a Local Commissioner to visit the suit property and submit a report...

.... 1 of 2 The petitioner is seeking appointment of a Local Commissioner in support of his pleading that respondent has indeed installed a solar powered...terms of the compromise and the petitioner was compelled to file a suit for mandatory injunction. In the cross-examination, the respondent had agreed for the appointment of a Local Commissioner and...irrigation, the petitioner would be able to prove the same through his evidence. Consequently, I do not find any merit in this petition. At this stage, learned counsel...

...evidence in detail regarding the actual user of the attic by respondent. The learned counsel for respondent has submitted that Local Commissioner cannot be appointed to collect .... In the peculiar facts and circumstances of the case, it is a fit case where the Local Commissioner after visiting the spot and preparing the report will be in a position to assist the learned...on 6.7.2012 in rejecting the request of petitioner for appointment of Local Commissioner to inspect the attic of Kaundal Niwas and submit a report whether in fact the respondent is using attic of...

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...was also held that the local Commissioner cannot be appointed to collect the evidence. 5. In view of the findings recorded by the Trial...to wall. 6. It is well established principle of law that local Commissioner cannot be appointed to collect evidence and the Tr...power of collecting and appreciating the evidence to local 2 Commissioner. 7...

...appointment of Local commissioner. The suit of the plaintiffs is based on demarcation report submitted by the Local Commissioner on 08.01.2014 which was claimed to be illegal. Defendants would hav.... Defendants-petitioners would be entitled to lead substantive evidence to prove their case. The contention of defendants-petitioners that in respect of adjoining property, Local Commissioner was...the petitioners. At this stage, appointment of Local Commissioner in respect of adjoining property would be entirely a different proposition and in such event, aggrieved party may resort to lawful...

...always be resolved between both the parties by leading their respective evidence. The 2 of 3 Civil Revision No.2258 of 2018 Local Commissioner cannot be appointed ...this Court finds that the application seeking appointment of Local Commissioner in the present form is nothing but an attempt to collect evidence. In Ganpat Versus Satvir and others 2013(19...-5) passed by learned Civil Judge (Junior Division), Kapurthala, whereby the application filed by the petitioner-defendant for appointment of Local Commissioner in order to demarcate the suit property...

...Additional Civil Judge (Senior Division), Mukerian in his order dated 15.02.2014 to have declined the request for appointment of a Local Commissioner, especially when the learned Judge has recorded in the order that the def...other. The defendants appear to have two remedies available to them, one is to approach the revenue authorities to get demarcation done and to produce the local commissioner to s...commissioner. After all, the defendants had moved an application under Order 26 Rule 9 CPC for appointment of a local commission which deserves to have been allowed. The report...

...Commissioner cannot be appointed to collect evidence on behalf of the parties and parties are to prove their respective case by leading evidence and furthermore in this ... deed in connivance with one Anwar and they illegally started raising construction to change the nature of suit property, therefore, a Local Commissioner be ...evidence and the application was filed when the case was at the stage of rebuttal evidence therefore, prayer for appointment of Local Commissioner was declined. It was further observed, that no...

...21.7.2010 at the fag end of the trial and at a belated stage. Moreover, it is a suit for recovery on the basis of an agreement to sell. Even from perusing of the issues framed it cannot be made out that the appointment of ...be appointed, at a highly belated stage for ascertaining the identity of the suit property in this case. Moreover, the local commissioner cannot be appointed to fish out ...evidence of the plaintiff. Hence, in the opinion of the Court there remains no dispute qua the identity or existence of the disputed property. In the opinion of the Court the local commissioner cannot...

...application and has appointed a local Commissioner for demarcation of the property in dispute. 5. Challenging the order passed by the trial court, it is submitted by counsel for the petitione...Commissioner to collect evidence. 6. Heard the learned counsel for the parties. 7. In the impugned order, the trial court has also mentioned that.... 5 8. Under these circumstances, it is clear that it is not a pure case of boundary dispute and the trial court should not have appointed a local ...

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... 1 no.1 has sought appointment of local commissioner to ascertain whether there is encroachment at present in.... Instead of adducing evidence to prove obeyance of the decree, JD has moved present application seeking appointment of Local Commissioner to ascertain whether there is an encroachment from point A .../petitioner. The suit stands decreed. 3. The present petitioner/JD moved an application under Order XXVI Rule 9 CPC seeking appointment of Local Commissioner to ascertain the extent of...

...collecting the rent from all the statutory tenant in an illegal manner by trespassing the property. Trial Court dismissed the application on the premise that the Local Commissioner cannot be appointed ...the Court cannot be utilized by any of the party to seek appointment of Local Commissioner for collecting evidence. The order to refuse appointment of Local Commissioner...such prayer can be accepted even on facts, because Local Commissioner cannot collect any incriminating material on behalf of either of the party which may be used as a piece of evidence a...

...independent evidence in support of their respective pleas. Local Commissioner cannot be appointed to collect evidence on behalf of the petitioner. ...Commissioner cannot be appointed for the purpose of collecting evidence on behalf of the parties. It would be relevant to note here that Order 26, Rule 9 CPC provides for ...for local investigation cannot be exercised by the Court to assist the party to collect the evidence, where the party can collect the evidence himself. ...

...crop. Heard the learned counsel for petitioner. It is well settled principle of law that the local Commissioner cannot 1 ...question of fact which cannot be adjudicated without recording of evidence. The Trial Court cannot delegate its jurisdiction to the local Commissioner to give a finding as ...the impugned order, the said application has been rejected. It is submitted that a solitary intention behind filing an application under Order 26 Rule 9 of C.P.C. is to find out as to who has sown the...

...been observed that it is for the parties to lead their own evidence and the Local Commissioner cannot be appointed to collect evidence for any of the parties. I...that the appointment of the Local Commissioner would be necessary in order to bring on record 3 of 7..."Balkar Singh Versus Naranjan Singh" whereby the Court has dismissed the application (Annexure P-7) filed by the petitioners/defendants for appointment of a Local Commissioner to...

...learned Rent Controller while dismissing the application are sound reasons. The parties have to lead their independent evidence in support of their respective pleas. Local Commissioner cannot be ...claimed. However, application in hand deserves to be dismissed as it is for the parties to prove their case by leading evidence independently and no Local Commissioner can be ...to collect evidence through the Court. Each party has to lead evidence in support of its case. The parties cannot certainly be allowed to lean on the Courts for the same...