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O.26,r-9

(Querist) 07 July 2012 This query is : Resolved 
sir, will u explain me in which circumstances an application under O.26, Rule. 9 of the C.P.c can be granted, because in our court has been rejecting such application on the ground that to collect the evidence such application can not be granted while we need to find out the real situation of the disputed land so if there is any authority of guj high court or S.C. court so please reply me as early as possible.
R.K Nanda (Expert) 07 July 2012
Application u/o 26 r 9 of CPC is filed under following circumstances.

1.When possession of property/land is disputed by parties

2.when the market value of property is to be ascertained correctly.

3.when measurements of property/ land is disputed.

Thus file application u/o26 R 9 of CPC
with affidavit and pray to court to allow it as u need to find out the real situation of disputed land and court will positively allow ur application.
Sanyam Malhotra (Expert) 07 July 2012
if the court is satisfied that local investigation with respect to suit property is warranted for the circumstances as above mentioned by ld. nanda sir the court would allow your application, but not for any other extraneous reasons
ashutosh mishra (Expert) 07 July 2012
see http://indiankanoon.org/doc/669889/



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