Oral statements made in court carry very little legal weight unless they are properly backed by written pleadings and admissible evidence.. File a Written Application under Order 26 Rule 10(3) of CPC. Pray to the court to either remit the report to the Commissioner for corrections or set it aside and appoint a fresh Commissioner to re-survey the property.
A Commissioner’s report is evidence, but it is not binding on the court. Apply to the court under Order 26 Rule 10(2) CPC to summon the Survey Officer as a witness and cross examine the surveyor properly on the mattersof concern.
The final decree court operates strictly within the scope of the preliminary decree. If those extra properties were not included in the suit schedule or preliminary decree, the court cannot partition them now.
f those additional properties are already part of the preliminary decree, or if your sister holds a larger share in other properties, file an Application for Adjustment/Owelty. You can request the court to allot her share in those properties or reduce her share in the current property to balance the equities fairly.
File an application asking the court to stay/defer the passing of the Final Decree until your objections to the Commissioner's report are heard, determined, and properly disposed of on merits.
