Civil Procedure Code, 1908

— Or. 26 Rr. 9 and 10 — Identification of immovable property on Commission — Proper mode for — Interference with, by appellate court — When warranted — Held, a property can be identified either by boundaries or by any other specific description — Once a property has been identified by boundaries, even if there is any discrepancy, normally, the boundaries should prevail — It is not necessary to survey all adjacent lands to find out whether an encroachment was made in the property concerned — In present case, Commissioner having identified suit property by boundaries, and trial court and first appellate court having accepted the same in light of admissions of one of the defendants, High Court in second appeal erred in interfering with the same only on the basis of vague and general reasons, on ground that all adjacent properties should have also been surveyed — On facts, there was nothing to show that Commissioner had not properly identified the suit property, (2006) 5 SCC 466