#evidence collection

Bombay HC Nagpur Bench quashed a trial court's rejection of a joint measurement application in a boundary dispute, holding that conflicting measurement reports necessitate joint measurement for accurate resolution. The ruling clarifies that such evidence collection is permissible even in suits for declaration and injunction, not just encroachment cases.

The Himachal Pradesh High Court ruled that Order 10 Rule 2 CPC does not empower courts to summon a company director for oral examination or production of records in the absence of framed issues. The decision underscores that oral examination cannot substitute formal discovery or evidence-taking, impacting litigants relying on procedural shortcuts in business disputes.

Bombay High Court rules that appointing a Court Commissioner under Order 26 Rule 9 CPC before the plaintiff completes evidence shifts the burden of proof unfairly. The decision clarifies that such appointments must follow evidence completion to prevent judicial overreach in encroachment disputes.