Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Appointment of Advocate Commissioner for Boundary Fixing - Generally permitted when parties dispute physical features or boundaries; courts have the authority to appoint such commissioners at any stage of the suit to assist in determining the boundaries 2025 0 Supreme(Telangana) 715, 2023 0 Supreme(Telangana) 980, 2023 Supreme(Online)(TEL) 1970, 2024 5 Supreme(Telangana) 741.
Limitation on Appointment for Evidence Collection - Courts cannot appoint Advocate Commissioners to collect evidence or before parties have adduced evidence; such appointment is typically only after the evidence is recorded, to prevent filling lacunae or engaging in roving inquiries 2022 0 Supreme(Bom) 1637, 2025 Supreme(Online)(Tel) 9894.
Timing and Stage of Proceedings - Appointments at a belated stage, especially after evidence is closed, are generally disallowed as they may lead to reopening evidence, cause delays, and undermine procedural fairness; courts emphasize that such applications are often filed to fill evidentiary gaps improperly 2024 0 Supreme(Jhk) 71, 2025 0 Supreme(Telangana) 667, 2023 0 Supreme(Mad) 3392,
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.Validity and Evidentiary Value of Reports - Reports by appointed Advocate Commissioners are considered evidence unless found unreliable or irrelevant; scrapping such reports at a late stage can prejudice the case and is generally not favored 2023 0 Supreme(Mad) 3392.
Discretion and Exceptions - While courts have discretion to appoint Commissioners for boundary clarification, such discretion is limited when evidence is already concluded; in certain circumstances, appointment may be justified if confusion exists regarding property identity or boundaries 2024 5 Supreme(Telangana) 741, 2025 Supreme(Online)(Tel) 9894.
Analysis and Conclusion:Courts recognize the necessity of appointing Advocate Commissioners to resolve boundary disputes, especially when physical features are disputed. However, their role is confined to noting physical features and fixing boundaries, not collecting evidence. Appointments at a late stage, after evidence closure, are typically disallowed to prevent procedural irregularities and unnecessary delays. The reports generated are valuable evidence unless proven unreliable. Therefore, evidence of the Plaintiffs cannot be reopened at a belated stage solely to appoint an Advocate Commissioner for boundary fixing, as such actions are generally barred once the evidence phase is closed, maintaining procedural integrity 2025 0 Supreme(Telangana) 715, 2022 0 Supreme(Bom) 1637, 2024 0 Supreme(Jhk) 71, 2025 Supreme(Online)(Tel) 9894.
In property disputes, especially those involving boundaries, parties often seek the appointment of an to clarify physical features or measurements. However, a critical question arises: Evidence of the Plaintiffs Cannot be Reopened at a Belated Stage to Appoint an to Fix Boundaries. This issue frequently surfaces in , where timing can make or break a case. typically view such late-stage requests with skepticism, prioritizing procedural fairness and efficiency.
This blog post delves into the legal principles, precedents, and practical recommendations surrounding this topic. Whether you're a litigant, lawyer, or simply navigating property law, understanding these rules can help avoid costly delays or dismissals. Note: This is general information based on judicial trends and is not specific legal advice—consult a qualified attorney for your situation.
An is a court-appointed expert, often a local lawyer or surveyor, tasked with inspecting properties, noting physical features, and assisting in . Importantly, their role is not to collect evidence but to elucidate local matters or resolve ambiguities in existing evidence. 2022 0 Supreme(AP) 813
As highlighted in judicial observations, the thumb rule is that generally the Courts will be at loath to appoint for i.e., which of the two parties is in possession of . 2023 0 Supreme(AP) 1275
Courts permit such appointments generally when parties dispute physical features or boundaries, granting authority at any stage if needed to determine boundaries. 2025 0 Supreme(Telangana) 715 2023 0 Supreme(Telangana) 980 2023 Supreme(Online)(TEL) 1970 2024 5 Supreme(Telangana) 741
However, limitations apply: Commissioners cannot be used to collect evidence or before parties have adduced evidence, typically only after evidence is recorded to prevent or . 2022 0 Supreme(Bom) 1637 2025 Supreme(Online)(Tel) 9894
The appointment of an after the closure of evidence and when the suit is adjourned for arguments is generally considered unwarranted. This may be seen as an attempt to fill gaps in the evidence already presented. 2022 0 Supreme(Telangana) 136
If evidence on record suffices to appreciate the case, no Commissioner is needed. It is for the plaintiffs to prove the correctness of the boundaries and they cannot collect evidence with the help of . 2021 0 Supreme(Telangana) 234
In , courts may appoint if merely to measure and fix boundaries, but not for broader evidence gathering, such as verifying wills alongside measurements. 2017 0 Supreme(AP) 346
Applications filed after often signal intent to delay proceedings. Courts dismiss them as belated and purposeless. 2014 0 Supreme(Mad) 3430 2014 0 Supreme(HP) 1697
Appointments at a belated stage, especially after evidence is closed, are generally disallowed as they reopen evidence, cause delays, and undermine fairness. 2024 0 Supreme(Jhk) 71 2025 0 Supreme(Telangana) 667 2023 0 Supreme(Mad) 3392
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The plaintiff filed a counter principally contending that the defendants filed the application at a belated stage and for the purpose of collecting the evidence. 2023 0 Supreme(AP) 1275
: An application cannot be entertained post-evidence unless is ambiguous. 2022 0 Supreme(AP) 813
(): Specific boundaries require evidence-based identity; Commissioner only if ambiguity persists after evidence. 2022 0 Supreme(AP) 813
These cases underscore courts' discretion, limited post-evidence, but possible for genuine confusion on . 2024 5 Supreme(Telangana) 741 2025 Supreme(Online)(Tel) 9894
Reports from Commissioners hold evidentiary value unless unreliable, and scrapping them late prejudices parties. 2023 0 Supreme(Mad) 3392
Exceptions exist: If confusion exists regarding or boundaries even after evidence, courts may exercise discretion. Appointments are valid for noting physical features, not evidence collection. 2022 0 Supreme(Bom) 1637 2025 Supreme(Online)(Tel) 9894
However, the prevailing view: Evidence cannot be reopened at a belated stage solely for boundary fixing, preserving procedural integrity. 2025 0 Supreme(Telangana) 715 2022 0 Supreme(Bom) 1637 2024 0 Supreme(Jhk) 71 2025 Supreme(Online)(Tel) 9894
Belated Applications: Reluctantly allowed post-, viewed as evidence-gathering attempts. 2022 0 Supreme(Telangana) 136
Evidence Sufficiency: Unnecessary if existing evidence resolves issues. 2022 0 Supreme(AP) 813
Delay Tactics: Late filings prolong litigation, disfavored by courts. 2014 0 Supreme(Mad) 3430 2014 0 Supreme(HP) 1697
To navigate this effectively:
Timely Applications: File during evidence stage to avoid dismissal. 2022 0 Supreme(Telangana) 136
Demonstrate Necessity: Show existing evidence is insufficient for specific disputes. 2022 0 Supreme(AP) 813
Monitor Stages: Align with proceedings to meet judicial norms.
Prepare Strong Evidence: Prove boundaries early; don't rely on Commissioners as substitutes. 2021 0 Supreme(Telangana) 234
Courts strongly discourage reopening plaintiffs' evidence via belated appointments for boundary fixing. This upholds timely justice, preventing . While useful for clarifications, their role is auxiliary—not primary evidence collection.
Key Takeaways:- Act promptly during evidence phase.- Focus on robust initial proof.- Use Commissioners judiciously for ambiguities only.
In , procedural vigilance is paramount. For tailored guidance, seek professional legal counsel. Stay informed on evolving precedents to strengthen your position.
(Word count: 1028. Sources cited per judicial documents provided.)
#AdvocateCommissioner #BoundaryDispute #PropertyLaw
If there is a dispute with regard to the identification of the property to note down the physical features of the same, the trial Court has power to appoint an Advocate Commissioner and at the same time, cannot appoint Advocate Commissioner to fix the boundaries. ... The trial Court cannot appoint ....
Kulkarni in which it is held that Court cannot appoint Court Commissioner to collect evidence before parties adduced evidence and that appointment of Court Commissioner can be made only after evidence of both the parties to the suit is recorded:- (I) In Sanjay Namdeo Khandare ... However, in my view considering the peculiar facts and circumstances of the present case, a....
The trial Court is directed to appoint an advocate commissioner within two weeks from the date of receipt of a copy of this order as per procedure and fix another two weeks for submission of the report and thereafter, dispose of the main O.S. ... As the petitioners have disputed the boundaries of the suit schedule property, they filed an application to appoint an advocate#HL_EN....
As the petitioners have disputed the boundaries of the suit schedule property, they filed an application to appoint an advocate commissioner to note down the physical features of the suit schedule property in order to localize the property with boundaries. ... The present application is filed to appoint an advocate commissioner for the purpose of notin....
To establish that the suit land is in their physical possession, it is necessary to appoint an Advocate Commissioner to note down the physical features of the suit schedule land and to fix up boundaries. iv. ... Vide order dated 21.10.2024, learned Appellate Court allowed the said application holding that appointment of an Advocate Commissioner cannot ....
of law erred in rejecting the said petition merely on the ground that at this belated stage such petition cannot be allowed. ... stage, would get dilated, evidence will have to be reopened and all the procedures from that stage onwards would again have to be re-commenced. ... Rule 9 has been filed at the very belated stage of the case....
The petitioner has filed her objection to Advocate Commissioner's report on 28.01.2019 and the Advocate commissioner failed to follow the principles of Survey and Boundaries Act to fix the boundaries of the Petition mentioned Property. ... The report of the Commissioner has therefore, evidentiary value and can be utilised by either of the parties as evidence#H....
It is essential to appoint an Advocate-Commissioner to survey the land in Sy.Nos.124 and 125 of Vegurupalli Village, fix boundaries to both the survey numbers to resolve the issue. x. No prejudice will be caused to the defendants if an Advocate Commissioner is appointed. ... No.7 of 2020, respondent/plaintiff has filed I.A.No.273 of 2021 under Order XXVI Rule 9 of CPC t....
The plaintiff filed a counter principally contending that the defendants filed the application at a belated stage and for the purpose of collecting the evidence. ... The thumb rule is that generally the Courts will be at loath to appoint Advocate commissioner for fishing out the evidence i.e., which of the two parties is in possession of plaint schedule property. ... Th....
It is settled principle of law that an Advocate Commissioner cannot be appointed for collecting evidence. 8. In the order under revision, the trial Court noted that the evidence is concluded and when the suit has reached its fag end stage, I.A. ... Since there is confusion as to the identity and existence of the suit schedule property which the plaintiffs are corrobora....
x. No prejudice will be caused to the defendants if an Advocate Commissioner is appointed. ix. It is essential to appoint an Advocate-Commissioner to survey the land in Sy.Nos.124 and 125 of Vegurupalli Village, fix boundaries to both the survey numbers to resolve the issue. viii. During subsistence of the said interim injunction, defendants illegally trespassed into her land and removed the boundary stone pillars erected by the Mandal Surveyor on the instructions of the Advo....
They pray to appoint an advocate commissioner to measure Ac.2.68 cents of land in Sy.No.284 and to fix the boundaries with reference to the sale deeds of both sides.
Therefore, for the reasons stated above, viewed from any angle, the order impugned suffers with infirmity, warrants interference by this Court and is liable to be set-aside. In the given facts and circumstances of the case, the appointment of Advocate Commissioner to note down the physical features and boundaries of suit schedule property at this belated stage after closure of evidence on both sides when the suit is adjourned for arguments is absolutely unwarranted and it is not the ....
It is for the plaintiffs to prove the correctness of the boundaries and they cannot collect evidence with the help of advocate commissioner. Taking all these aspects into consideration I am of the view that the petitions are liable for dismissal.” Even if advocate commissioner records the owners of the boundaries to the suit property still it will be in dispute.
If the case on hand was merely one of a boundary dispute, it would be possible for the Court to appoint an Advocate Commissioner to measure the property and fix the boundaries of the portions owned by both the parties. But, in the case on hand, the respondent/plaintiff wanted the appointment of a Commissioner not merely to look into the Will executed by the mother and to measure the property with the assistance of the Municipal Surveyor and to fix boundaries, as per the descr....
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