Law: Civil Procedure Code (V of 1908)

Section: 1,9

Civil Procedure Code, 1908 (V of 1908)-- ----O.XVI R. 1--Application for appointment of local commission--Accepted--Dispute to extent of possession--Challenge to--Jurisdiction of trial Court--Non-framing of issues--Non-recording of any evidence--Trial Court accepted application for appointment of a local commissioner on ground that dispute between parties to extent of only possession of petitioners as owners of their respective properties--Parties are bound to produce evidence in respect to their cases, and other options are rarely exercised, which includes appointment of Commission--If trial Court feels difficulty in deciding a case and reaches conclusion that cannot be delivered without spot inspection, then Court has jurisdiction to make spot inspection, but in instant case neither issues were framed nor parties have led any evidence--At very initial stage, authenticity and genuineness of mutation entries of respondents can only be determined and established before civil Court and which requires full-fledged inquiry and scrutiny, that too after providing full opportunity of hearing to both parties before trial Court and at this stage genuineness and authenticity cannot be determined through appointment of local commissioner--No illegality or jurisdictional defect has been committed by revisional Court. [Pp. 99 ,  101] A, C, D ,  E Civil Procedure Code, 1908 (V of 1908)-- ----O.XXVI R. 9--Powers of Civil Court--Civil Court, being Court of preliminary jurisdiction in terms of Section 9, C.P.C. civil Court may resolve controversy by adopting any means, and there is no restriction imposed upon exercise of powers under Order XXVI, Rule 9, C.P.C. to get disputed land demarcated as to whether same falls within specific Khasra number with specific boundary limits and dimension. [Pp. 99 ,  100] B JUDGMENT Rozi Khan Barrech, J.--In a suit filed by the Respondents Nos. 1 to 5 against the petitioners for declaration, possession and permanent injunction claimed the ownership of the suit property with the mutation/Inteqal No. 727, new Khewat No. 206, new Khatooni No. 220 and new Khasra Nos. 468/465/463/460/458/456/452/409/306 measuring 3551 square feet…

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