Ia to decide ia
basavaraj shiromani
(Querist) 08 June 2012
This query is : Resolved
Sir,
Plaintiff filed a suit for an Easementary rights wherein he claimed for not to obstruct his easementary rights by filing IA under 39 Rule 1 and 2. After that he filed another IA U/o 26 Rule 9 of CPC for the appointment of court commissioner in order to decide the IA filed under O 39 Rule 1 and 2.
my Question is whether Plaintiff can be filed an IA to decided on another IA ?
Nadeem Qureshi
(Expert) 09 June 2012
Yes he can file another IA for deciding the previous IA.
M V Gupta
(Expert) 09 June 2012
In fact he could have filed one IA for both the purposes.
mukesh Gupta
(Expert) 10 June 2012
Yes, agree with the with the views of Mr. Nadeem & MVG. I would like to add that O26 R9 is for obtaining onsite report in order to decide the extent of the o39 r1 and 2.
