Appointment of Advocate Commissioner -- Suit for declaration and recovery of possession -- Scope and limitations
In a suit seeking declaration that a sale deed is null and void and for recovery of possession, noting down the physical features of the property is neither necessary nor relevant for determining the validity of the sale deed or the title of the plaintiff -- Further, an Advocate Commissioner is not empowered to record any finding with regard to physical possession of the property by any of the parties to the litigation -- Application for appointment of Advocate Commissioner rightly dismissed -- CPC, 1908, O.26 R.9. (Para 4)
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