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...rejected the petitioner s application under Order 39, Rule 7, CPC, and has refused to appoint a Commissioner for carrying out an inspection of the suit property...petitioner filed an application under Order 39, Rule 7, CPC praying for appointment of a Commissioner to assess and report the actual position with regard to the staircase. The...Commissioner under Order 26, Rules 9 and 10, CPC, and under Order 39, Rule 7, CPC. Order 26, Rule 9, CPC deals with appointment of a ...
...said order, rejected the application of the petitioner under Order 39 Rule 7 CPC for inspection of the site by a court commissioner.Heard the learned coun...for the petitioner and perused the impugned order.There is no quarrel in the legal position that provisions under Order 39 Rule 7 CPC are not meant for...India for assailing the impugned order dated 12th March, 2012 (Annex.5) passed by the learned Additional District Judge, Barmer. The learned Additional District Judge, Barmer, by the...
...Order 39 Rule 7 CPC is not maintainable, as the order of injunction or status quo was not in vogue. It is stated that the application for appointment of Commissioner was...order 26 CPC not under Order 39 Rule 7 CPC.
2. The learned trial court after hearing the parties dismissed the application of the petitioner-pl...not maintainable. The trial court has held that grounds did not exist in the application for appointment of Commissioner under Order 39 Rule 7 CPC, as the order of statu...
...the court below i.c. Civil Judge (J.D.), Purvi, Ballia to expedite the
Application under Order 39 Rule 7 of C.P.C. and 6C Application filed in Suit
No.367 of 2024 (Rajendra Upadhyay Vs. Ashok Kumar Upadhyay...to
private respondents, with a direction upon Civil Judge (Junior
Division), Purvi, Ballia to decide the application under Order 39
Rule 7 CPC as well as application 6-C filed in Suit No.367 of
2024..., in accordance with law, after hearing all affected parties,
preferably within a period of two months from the date of
production of certified copy of this order.
With the aforesaid direction...
...M.N Bhandari, J.:— By this petition, a challenge is made to the order dated 5th January, 2015. An application under Order 39 Rule 7 CPC for appointment of...evidence thus I do not find any illegality in the order. The judgments referred above do not apply to the facts of this case. The application under Order 39 Rule 7 CPC c...
...filed by plaintiff under Order 39 Rule 7 CPC and Section 151 CPC whereby the said Tribunal directed Commissioner Mr. Vasi Mohammed Ansari, Advocate to visit the disputed...itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit.”4. Order 39 Rule ..., has no legal foundation. The fact that the application was filed with reference to Order 39 Rule 7 read with Section 115 CPC and even otherwise, it appears to be...
...allowed an application filed under Order 39 Rule 7 and Order 26 Rule 9 read with Section 141 and 151 CPC and Section 21 of Rajasthan Rent Control Act, 2001 (hereinafter ...Order 39 Rule 1 and 2 CPC passed by the trial court on 01.10.2015. It has been submitted that resort to Order 39 Rule 7 ...right on the applicability of the Order 39 Rule 7 CPC to a post interim injunction situation, yet the Rent Tribunal can exercise its powers under Section
21...
...appointed for local inspection of the suit property by resort to the court''''s power under section 151 CPC as also it would have been by invoking Order 39, Rule 7 CPC a.... 3. The order for appointment of a local Commissioner under 151 CPC or under Order 39, Rule 7 CPC is a matter of the trial court''''s discreti...application under Order 39, Rule 1 and 2 CPC is still pending. 2. Mr. Deepak Sharma appearing for the defendants submitted that the impugned order dated...
...1. Short point for consideration is as to whether the trial court was competent to issue Commission in terms of Order 39, Rule 7 of CPC so as to ask for...Order 39 Rule 7 CPC and the position is also different i.e. claim of the respondent (plaintiff) is not denied but only question of identity of the land is involved.
...parties has invoked powers under Order 39 Rule 7 CPC, though application had been styled to be under Section 151 of CPC. Order 39 ...
...petitioner under Order 39 Rule 7 CPC has been rejected.
Learned counsel for the petitioner submits that in the present case, the petitioner has filed a suit for...while rejecting the application so preferred by the petitioner under Order 39 Rule 7 CPC vide order dated 27/08/2019. He, therefore, prays that the writ petition may be allowed and the application...27/08/2019 along with the relevant record of the case.
The petitioner has preferred a suit and the application under Order 39 Rule 1 and 2 CPC has been allowed. The petitioner has ...
..., District Churu (hereinafter to be referred as ‘the trial court’), whereby the application preferred by the petitioners in Civil Original Case No. 13/2021 under Order 39 Rule 7 CPC with a prayer for...Vijay Bishnoi, J.:— This writ petition has been filed by the petitioners being aggrieved with the order dated 26.03.2021 passed by the Civil Judge and Judicial Magistrate, Taranagar...after going through the material available on record, I do not find any illegality in the impugned order passed by the trial court.
4. Hence, there is no force in this writ petition and the same is hereby dismissed.
...
.... On 1-10-1997, the defendant filed I.A No. 765 of 1997 purporting it to be under Order 39, Rule 7, CPC. In this application, he prayed the lower Court for a direction to...Authority never gave any notice and in fact the defendant himself gave a consent letter though he is not concerned with the suit schedule house. The applicability of Order 39, Rule 7, .... Order 39, Rule 7 is not applicable but insofar as directing the advocate Commissioner to prepare a list of articles belonging to the defendant and keeping them in safe custody, the ...
...).
5. Order dated 29.06.2019 (Annexure P-17), is an order passed in an application under Order 39 Rule 7 CPC, for appointment of a Local Commissioner, with ...construction over the vacant portion of the suit land. In the aforesaid backdrop, averments made in the application under Order 39 Rule 7 CPC, are relevant. Relevant extract is being reproduced hereinbelow....
9. In the aforesaid backdrop, from the averments made in the application under Order 39 Rule 7 CPC, it is evident that the same does not pertain to raising of construc...
...Order 26 Rule 9 CPC whereas a minute reading of this application shows that it is based on Order 39 Rule 7 CPC; (ii) the te...under Order 26 Rule 9 CPC was wrongly applied by the court below. Indeed, as per Rule 7 of Order 39 CPC, the court should e...petitioners was to collect the evidence under the garb of an application under 151 CPC which is totally impermissible; (ii) Rule 7 of Order 39 CPC has no application in ...
..., Indore.In W.P No. 1929/2012 the order under challenge is dated 3.1.2012, whereby application filed under Order 39 Rule 7 CPC was dismissed, while in W.P...temporary injunction under Order 39 Rule 1 & 2 CPCwas also filed, the same was dismissed. Thereafter an application was filed by the petitioner under Order 39 ...appears that the application for spot inspection was filed under Order 39 Rule 7 CPC, while the provision of Rule 7 of Order 39 are applicable...
...the circumstances of the matters involved in the suit was pleased to dismiss the petitioner's application under Order 39 Rule 7, CPC for holding local inspection by passing...occasion upon consideration of the plaintiff-petitioner's application under Order 39 Rule 7 CPC, learned Court below was pleased to pass an order for holding local inspe...1. The present application under Article 227 of the Constitution of India is directed against the order...
...of assailing the order, whereby Commissioner was appointed under Order 26 Rule 9 CPC. The civil court has power to appoint the Commissioner both under Order 39 Rule 7 ...terms of Order 39 Rule 7 CPC, the civil court can appoint the Commissioner for the purpose of inspection of any property which is the subject matter of such suit. So far as Order 26 Rule ...or damages or annual net profits. In order 39 Rule 7 CPC, expression "inspection" has been employed, where as in Order 26 Rule 9 CPC, expression "investigation"
...
...Additional District &
Session Judge, Bareilly to decide the application under order 39 Rule 7
C.P.C. which is still pending for consideration."
The first prayer made in the writ petition cannot be grant...has been sought upon the Court below to
decide the application filed under Order 39 Rule 7 CPC is
concerned, the Court below is hereby directed to make every
endeavour to decide the said application...the following prayers:-
"i) To issue suitable order of direction to call for the records and set-aside the
Judgment and order dated 20.02.2025 passed by Additional District &
Session Judge...
...31.05.2018 in order to preserve the suit property in exercise of power under Order 39 Rule 7 CPC. Since learned court below has exercised its discretion available to it under...1. By means of this appeal under Order 43 Rule 1(s) CPC, appellants have challenged the order dated 31.05.2018 passed by learned Civil Judge (S.D.), Haldwani...alleging that appellants have forcibly taken possession of her plot of land situated in Azadnagar, Haldwani, District Nainital. On 31.05.2018, learned trial court passed an order that suit property deserves...
...out of the suit in C.S. No.162 of 2023 for having appointed a Pleader Commissioner in terms of Order 39 Rule 7 CPC at the behest of the opposite parties on the grounds inter alia that such a decision...received from the opposite parties. In the said I.A., the opposite parties moved the application under Order 39 Rule
7 CPC to depute a Pleader Commissioner to inspect and...question is, whether, learned court below was justified in deputing a Pleader Commissioner for inspection of the suit land in terms of Order 39 Rule 7 CPC?
5. Heard...