Ia to decide ia

basavaraj shiromani (Querist) 08 June 2012 This query is : Resolved
Sir,

Plaintiff filed a suit for an Easementary rights wherein he claimed for not to obstruct his easementary rights by filing IA under 39 Rule 1 and 2. After that he filed another IA U/o 26 Rule 9 of CPC for the appointment of court commissioner in order to decide the IA filed under O 39 Rule 1 and 2.

my Question is whether Plaintiff can be filed an IA to decided on another IA ?

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Nadeem Qureshi (Expert) 09 June 2012
Yes he can file another IA for deciding the previous IA.

M V Gupta (Expert) 09 June 2012
In fact he could have filed one IA for both the purposes.

Surrender K Singal (Expert) 09 June 2012
Well opined MVG

mukesh Gupta (Expert) 10 June 2012
Yes, agree with the with the views of Mr. Nadeem & MVG. I would like to add that O26 R9 is for obtaining onsite report in order to decide the extent of the o39 r1 and 2.

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