https://www.taxtmi.com/caselaws?id=288498 Order 26 Rule 9 CPC permits local investigation only where it is requisite or proper to elucidate a dispute, and the discretion must be exercised judicially on the facts. A commissioner is not meant to help a party collect evidence it can obtain itself; appointment is justified where spot-based evidence, expert assistance, or inability to produce evidence for reasonable cause is shown. The commissioner's report then becomes evidence, so improper appointment may cause material irregularity. On these principles, the trial court's failure to consider whether the party could itself obtain the boundary evidence rendered the appointment vulnerable to revisional interference and set aside the order. en-us Fri, 17 Jul 1987 00:00:00 +0530 Thu, 11 Jun 2020 10:17:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288498 Order 26 Rule 9 CPC permits local investigation only where it is requisite or proper to elucidate a dispute, and the discretion must be exercised judicially on the facts. A commissioner is not meant to help a party collect evidence it can obtain itself; appointment is justified where spot-based evidence, expert assistance, or inability to produce evidence for reasonable cause is shown. The commissioner's report then becomes evidence, so improper appointment may cause material irregularity. On these principles, the trial court's failure to consider whether the party could itself obtain the boundary evidence rendered the appointment vulnerable to revisional interference and set aside the order. Case-Laws Indian Laws Fri, 17 Jul 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288498