Search Results Page
Search Results
1 - 6 of 6 (0.25 seconds)The Code of Civil Procedure, 1908
E. Achuthan Nair vs P. Narayanan Nair And Anr. on 20 August, 1987
In this regard, learned counsel for the
plaintiff relied upon a decision in E. Achuthan Nair v. P.
Narayanan Nair and another 1, wherein it was observed by the
Honourable Supreme Court that even if the plaintiff himself is
uncertain about the precise boundary appointment of
Commissioner is proper. In the above said decision there was
dispute between the parties with regard to the precise boundary
between the land of the plaintiff and the land of the defendant.
Moreover, in the above said decision, the suit was filed by the
plaintiff for demarcation of the property and other reliefs. But in
the present case, there is no dispute with regard to demarcation or
boundary dispute between the parties. The plaintiff, who is the
revision petitioner herein has filed suit for partition against the
1 (1987) 4 Supreme Court Cases 71
4
MGP,J
CRP_1683_2024
defendants. It is not the case of the plaintiff that the defendants
have encroached portion of the suit schedule property and for
ascertaining the same there is a need to appoint Advocate
Commissioner. When there is no dispute with regard to
encroachment or with regard to precise boundary between the
lands of the parties, the question of appointing an Advocate
Commissioner does not arise. Hence, the principle laid down in
the above said decision cannot be made applicable to the facts of
the present case.
Rabiya Basheer Ali vs C.Devandra Prased on 19 May, 2010
Further, in Rabiya Basheer Ali v. C. Devandra Prasad 3 the High
Court of Madras observed that a party to the proceeding cannot
collect material or evidence by appointing Advocate Commissioner.
Sarala Jain, W/O Mahaveer Jain, 40 ... vs Sangu Gangadhar, S/O Buchanna, 60 ... on 19 February, 2016
In Sarala Jain v. Sangu Gangadhar 4 the High Court of Andhra
Pradesh observed that if the suit schedule property is demarcated
appointment of an Advocate Commissioner is wholly unnecessary
and it is beyond the scope of the suit.
Dhondiram Nivrutti Pawar (Since Decd.) ... vs Laxman Khashaba Pawar And Ors on 23 January, 2018
7. Learned counsel for the defendants relied upon a decision in
Dhondiram Nivrutti Pawar (since deceased) v. Laxman
Khashaba Pawar and others 2 wherein the High Court of Bombay
observed that the machinery of the Court cannot be used for the
purpose of collecting evidence, in order to enable the plaintiffs to
prove the facts on the basis of which they are claiming the relief.
1