Sri. B.G. Jayanna, v. Sri. Naveenkumar.B.K
Case brief
What is this about?
Keywords: Order 26 Rule 9 CPC; Court Commissioner / Advocate Commissioner; survey and measurement of suit schedule property; local investigation; suit for permanent injunction; burden of proof on plaintiff; premature stage for commissioner appointment; Article 227 Constitution of India; writ of certiorari; GM-CPC; Nelamangala; I Additional Civil Judge and JMFC; O.S.No.428/2015; WP No. 20778 of 2026; boundary dispute. Relevance: authority for the proposition that in an injunction suit a commissioner under Order 26 Rule 9 CPC should not be appointed at the instance of defendants before the plaintiff completes his evidence, while preserving the parties' right to seek such appointment at a later, appropriate stage.
What did the court decide?
Where the plaintiff has come to the Court seeking a particular relief (here, permanent injunction), the burden lies on the plaintiff to prove his case.