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Supreme Court of India 2019-02-04 allowed

RAM LAL vs SALIG RAM

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

Ram Lal sued to recover possession of his land, alleging the defendants had encroached upon it. The trial court dismissed the suit, but the appellate court directed appointment of a Local Commissioner to demarcate the land. The Commissioner's report supported the plaintiffs, and the appellate court granted possession. The High Court set aside this judgment, finding the Commissioner did not follow proper demarcation procedures. The Supreme Court held that procedural defects in a Commissioner's report are irregularities, not grounds for dismissing the suit. The Court remanded the matter for a fresh commission and retrial, allowing the suit to proceed.

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Civil Procedure Local Commissioner Demarcation Injunction and Possession Procedural Irregularities Code of Civil Procedure

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