Search Results for "order 26 rule 9"

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Search Results for "order 26 rule 9"

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High Court

Madras High Court Dismisses Revision Against Appointment of Advocate Commissioner in Partition Suit — Preliminary Decree Sufficient for Commissioner Appointment. Appointment of Advocate Commissioner to suggest mode of division does not require a separate final decree application; preliminary decree alone is sufficient under Order 26 Rule 9 CPC.

9 Mar 2026

The Civil Revision Petition was filed by the defendants challenging an order of the trial court appointing an Advocate Commissioner to suggest modes o...

High Court

Madras High Court Allows Revision Petition in Partition Suit — Trial Court's Order Appointing Advocate Commissioner Set Aside for Lack of Application of Mind and Non-Compliance with Order 26 Rule 9 CPC. The High Court held that appointment of a Commissioner before passing a preliminary decree is premature and without jurisdiction, and the Trial Court must record reasons for such appointment.

6 Jan 2026

The case arises from a civil revision petition filed by the defendants 2 and 5 in a partition suit (O.S.No.53 of 2022) pending before the Additional D...

High Court

High Court of Karnataka Quashes Commission Order in Final Decree Proceedings Due to Non-Compliance with Order 26 Rule 9 CPC. Suo Motu Issuance of Commission Without Application or Notice Held Invalid.

14 Jun 2019

The petitioners, legal representatives of the original plaintiff, challenged an order dated 25.06.2018 passed by the Principal Senior Civil Judge, Chi...

High Court

Bombay High Court Allows Revision by Indian Oil Corporation Against Appointment of Commissioner in Suit for Distributorship - Court Holds That Appointment of Commissioner to Ascertain Suit Valuation Is Not Permissible Under Order 26 CPC.

14 Jul 2017

The case involves a Civil Revision Application filed by Indian Oil Corporation Limited (the applicant) against an order passed by the Civil Judge, Sen...

High Court

Bombay High Court Dismisses Revision Petition in Property Dispute — Appointment of Court Commissioner for Measurement Upheld. The court held that appointment of a commissioner under Order 26 Rule 9 CPC is permissible to elucidate any matter in dispute, including measurement, and the revisional court should not interfere with such discretionary orders.

27 Sep 2016

The petitioner, original defendant No.1 in Special Civil Suit No.21 of 2011, challenged the order dated 2nd December 2011 passed by the learned Civil ...

High Court

High Court of Bombay at Goa Quashes Appointment of Commissioner in Civil Suit — Appointment Would Amount to Calling Evidence at Instance of Court. The court held that under Order 26 Rule 9 of the Code of Civil Procedure, 1908, a Commissioner cannot be appointed to gather evidence for a party; the parties must prove their own case.

27 Aug 2014

The petitioners challenged an order passed by the Civil Judge Junior Division, Panaji, in Regular Civil Suit No. 11/2007 dated 03.08.2013, whereby an ...

High Court

Bombay High Court Quashes Appointment of Court Commissioner in Land Dispute Without Issues Being Framed. Appointment of Commissioner under Order 26 Rule 9 CPC Held Premature When No Issues Framed and No Evidence Recorded.

20 Aug 2014

The petitioners challenged an interlocutory order dated 26/02/2014 passed by the Joint Civil Judge, J.D., Washi, Dist. Osmanabad, below Exh.18 in RCS ...

High Court

Bombay High Court at Goa Dismisses Municipal Council's Petition Challenging Appointment of Commissioner in Property Dispute. Court upholds trial court's discretion to appoint Commissioner for measurement and valuation under Order 26 Rule 9 CPC.

30 Jan 2013

The Mapusa Municipal Council filed a writ petition challenging an order of the Civil Judge, Senior Division, Mapusa, dated 30th January 2013, which ap...

High Court

Bombay High Court Allows Revision Application in Civil Suit for Declaration of Ownership and Perpetual Injunction — Court Holds That Application for Appointment of Commissioner Under Order 26 Rule 9 CPC Cannot Be Rejected on Grounds of Delay or Stage of Proceedings. The court set aside the trial court's order and directed appointment of a Commissioner to inspect the suit property for just adjudication.

6 Jul 2011

The present civil revision application was filed by the petitioners (original defendants) challenging the order dated 24-03-2004 passed by the learned...

High Court

Bombay High Court Allows Writ Petition Challenging Appointment of Court Commissioner in Civil Suit — Directs Trial Court to Proceed with Trial Without Awaiting Commissioner's Report. The court held that the trial court ought to have proceeded with the trial despite non-compliance of the order appointing a commissioner under Order 26 Rule 9 CPC, as the delay was caused by the respondents' failure to deposit fees.

25 Feb 2005

The petitioner, Shantabai Bhairu Gurav, filed a writ petition in the Bombay High Court challenging an order dated 22.6.2004 passed by the trial court ...

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