Local investigation under civil procedure requires recorded reasons; ex parte commissioner appointment without necessity was set aside.

Order XXVI Rule 9 CPC permits a court to direct local investigation on its own motion where it is necessary or proper to clarify matters in dispute, but the discretion must be exercised judicially and on recorded reasons. In a bare injunction suit, an ex parte commission at the interlocutory stage should not be directed routinely or in a manner that assists one side in gathering evidence. Because the impugned order gave no reasons showing necessity and did not fairly balance the parties, the suo motu ex parte appointment of the advocate commissioner was unsustainable and was set aside, while the court's power to pass a fresh reasoned order after notice remained open.

---

---

Issues: Whether the court could, at the interlocutory stage of a suit for injunction, appoint an advocate commissioner suo motu and ex parte for local investigation without recording reasons or notice to the other side.

Analysis: Order XXVI Rule 9 of the Code of Civil Procedure, 1908 permits the court to issue a commission for local investigation where it deems such investigation requisite or proper for elucidating matters in dispute. The provision does not require an application by a party, unlike Rules 5, 19 and 20 of Order XXVI. However, the discretion must be exercised judicially, with reasons, and in a manner that balances the interests of both sides. At the initial stage of a bare injunction suit, an ex parte commission should not be directed routinely or in a way that amounts to gathering evidence for one side. The impugned order contained no reasons showing necessity for the ex parte suo motu appointment, and the reliance on earlier authority did not justify the course adopted.

Conclusion: The suo motu ex parte appointment of the advocate commissioner was unsustainable and the order was liable to be set aside.

Final Conclusion: The revision petition succeeded and the impugned order appointing the commissioner was quashed, while leaving open the court's power to pass a fresh reasoned order after notice or on proper application if required.

Ratio Decidendi: Under Order XXVI Rule 9 of the Code of Civil Procedure, 1908, a court may on its own motion order local investigation, but the discretion must be exercised on recorded reasons and with fair balancing of parties, and an ex parte commission at an interlocutory stage without necessity is impermissible.

---