G H RAM LAL & ORS. versus SALIG RAM & ORS.

G H RAM LAL & ORS. versus SALIG RAM & ORS.

The High Court erred in dismissing the entire suit on the basis of procedural irregularity in the Local Commissioner’s report without considering other evidence; the correct procedure was to direct a fresh Commission or remand; thus, the matter should be remitted to the Trial Court for fresh determination including a new report by Local Commissioner.

Parties
Appellant: Ram Lal & Ors.; Respondent: Salig Ram & Ors.
Jurisdiction
India
Judgment Date
04 February 2019
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment in Second Appeal
Outcome
Appeal allowed; High Court judgment and subordinate decrees set aside; suit remanded to Trial Court for fresh decision.
Legal Topics
Prohibitory Injunction, Local Commissioner, Demarcation of Land, Order XXVI Rule 10(3) CPC, Remand, Land Encroachment, Appellate Procedure
Civil Procedure Prohibitory Injunction Local Commissioner Demarcation of Land Order XXVI Rule 10(3) CPC Remand Land Encroachment Appellate Procedure

Case Brief

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Parties

Ram Lal & Ors.

Appellant

Salig Ram & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment in Second Appeal

Legal Issues

  1. 1 Whether the High Court was justified in dismissing the suit for prohibitory injunction on the ground of irregularity in the report of the Local Commissioner.
  2. 2 Whether entire suit could be dismissed because the Local Commissioner's demarcation did not comply with applicable instructions.
  3. 3 What is the proper procedure when a Local Commissioner’s report is deficient under Order XXVI Rule 10(3) of CPC.

Ratio Decidendi

The High Court erred in dismissing the entire suit on the basis of procedural irregularity in the Local Commissioner’s report without considering other evidence; the correct procedure was to direct a fresh Commission or remand; thus, the matter should be remitted to the Trial Court for fresh determination including a new report by Local Commissioner.

Court Disposition

Appeal allowed; High Court judgment and subordinate decrees set aside; suit remanded to Trial Court for fresh decision.

Orders

  • Suit restored to Trial Court for fresh determination on all issues, original and additional, after new Local Commissioner's report and opportunity for objections.
  • Parties to appear before Trial Court on specified date; Trial Court to issue fresh Commission forthwith and dispose of suit expeditiously, preferably within three months.