1987 (7) TMI 591

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....patra, J. 1. Defendant is the petitioner in this civil revision against an order directing appointment of a survey knowing civil court commissioner to have local investigation of the disputed property to find out whether the disputed property is within the plaintiffs' plot or the defendant's plot. 2. There can be no doubt that Order 26, Rule 9, C.P.C., empowers a Court to depute a ci....

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....be had from the spot. In 34 (1968) CLT 477 (Choudhury Mohemmad Basir v. Sarangadhar Mohapatra) rejection of an application for appointment of a survey knowing commissioner to relay the maps of revisional settlement and Town Improvement settlement to ascertain the encroachment of 17 decimals of land on the ground of delay was interfered with in revision on the finding that there was no delay and in....

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....rty can countermand the effect of the Commissioner's report by giving any other evidence. In 62 (1986) CLT 398 (Indramani Behera v. Ghaneshyam Behera) accepting the principle in the aforesaid two decisions, I held that the Court should not issue writs to Commissioner where parties can themselves get the evidence on the points for which they seek a Commissioner to be appointed. 4. The object....

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....on arises whether I should interfere with the order in revision. Where application for appointment of a commissioner is refused, revisional power should not be exercised since the application can be made in the appellate Court and such refusal can be challenged in appeal in view of Section 105 and Order 43 Rule 1-A, C.P,C. Where, however, a commissioner is appointed, the report becomes evidence an....