https://www.taxtmi.com/caselaws?id=288497 Appointment of a commissioner for local investigation under Order 26 Rule 9 CPC is discretionary, but the discretion must be exercised judicially and supported by recorded reasons showing that local investigation is requisite or proper to elucidate the dispute. A commissioner's report is only evidence under Order 26 Rule 10 and cannot be used simply to help a party collect material otherwise available. Because the impugned order contained no reasons and no judicial satisfaction on necessity, the appointment was held unsustainable and liable to be set aside, with the matter remitted for fresh consideration of the application and objection. en-us Wed, 03 Sep 1986 00:00:00 +0530 Thu, 11 Jun 2020 10:14:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288497 Appointment of a commissioner for local investigation under Order 26 Rule 9 CPC is discretionary, but the discretion must be exercised judicially and supported by recorded reasons showing that local investigation is requisite or proper to elucidate the dispute. A commissioner's report is only evidence under Order 26 Rule 10 and cannot be used simply to help a party collect material otherwise available. Because the impugned order contained no reasons and no judicial satisfaction on necessity, the appointment was held unsustainable and liable to be set aside, with the matter remitted for fresh consideration of the application and objection. Case-Laws Indian Laws Wed, 03 Sep 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288497