Bom. HC Refuses to Interfere with Mumbai University’s Decision to Cancel Admission of Student  ||  J&K HC: At Stage of Deciding Interim App., Trial Courts should Avoid Giving Observation on Merit of C  ||  Del HC: Furnishing Grounds of Arrest to Arrestee an Hour before Remand Isn’t Due Compliance of S. 50  ||  Ker. HC: Procee. against Subsequent Doctor Unwarranted if Initial Doctor has Reported POCSO Offence  ||  Delhi HC: Arbitrator Must Primarily Decide Construction of Terms of Contract  ||  Madras High Court: Can’t Use ‘Freedom of Press’ to Tarnish Reputation  ||  SC Dismisses Plea Seeking Prospective App. of Judgment allowing Interest for NH Land Acquisitions  ||  SC Restrains Union/States from Reducing Forest Land Unless Compensatory Land is Provided  ||  Supreme Court Pulls up Assam Govt. for Not Deporting Persons Declared as Foreigners  ||  SC: Can’t Dismiss Appeals of Accused & Victims under NIA Act on Ground of Delay beyond 90 Days    

Saranjit Singh vs. Indraraj Prajapati - (High Court of Madhya Pradesh) (18 Jun 2024)

Commission for inspection cannot be issued for ascertaining the boundaries of the suit land, unless all necessary parties are on record

MANU/MP/2223/2024

Civil

Present second appeal has been filed by the appellant/plaintiff who has lost in both the Courts. It is submitted that both the Courts committed an error by not issuing Commission for inspection of the suit land under Order 26, Rule 9 of Code of Civil Procedure, 1908 (C.P.C.) The First Appellate Court did not allow the application under Order 41, Rule 27 of C.P.C.

On perusal of record, it is seen that the learned trial Court as well as learned First Appellate Court have considered all legal and factual position, it is seen that no Commission can be issued for ascertaining the boundaries of the suit land, unless all necessary parties are on record. In present case, it seems that all necessary parties required are not on record as the plaintiff/ appellant had purchased the suit land in the year 1968 whereas the suit was filed on 17th May, 2007, therefore, situation or ground must have definitely changed in the intervening period. It is not the law that trial Court or First Appellate Court are to issue Commission for inspection of the record automatically, even when all necessary parties are not on record or when no prayer in this regard is made by any party, therefore, this second appeal has no substantial question of law on which this appeal can be admitted.

The jurisdiction of this Court to interfere with the findings of fact is well defined by catena of decisions of Supreme Court. This Court in exercise of powers under Section 100 of the Code of Civil Procedure can interfere with the finding of fact only if the same is shown to be perverse or based on no evidence. No substantial question of law arises for consideration in this appeal. Appeal dismissed.

Tags : INSPECTION   SUIT LAND   COMMISSION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved