Case Law Analysis
|Bombay High Court
Order XVIII Rule 17 CPC | Appointment of Court Commissioner Mandatory for Land Measurement in Encroachment Suits : Bombay HC (Nagpur Bench)
Bombay HC rules that trial courts must appoint a Court Commissioner to measure disputed land in encroachment suits, overturning refusals based on lack of survey clarity. The ruling reinforces procedural fairness, ensuring accurate adjudication of boundary disputes under the CPC.