https://www.taxtmi.com/caselaws?id=297092 A court commission for local investigation may be issued only where the facts genuinely require elucidation and the court exercises its discretion judicially under Section 75 and Order XXVI Rule 9 CPC. The commission cannot be used as a substitute for evidence that parties must lead themselves. Order XXXIX Rule 7 CPC is a separate provision for preservation, inspection and related interlocutory measures, and did not justify the appointment on the facts stated. The application, read by its substance, did not warrant local investigation, and there was also lack of proper notice before treating it under Order XXXIX Rule 7. The impugned appointment of the Commissioner was therefore set aside and the appeal was directed to be decided expeditiously after hearing the parties. en-us Tue, 07 Oct 2008 00:00:00 +0530 Wed, 18 Aug 2021 17:31:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297092 A court commission for local investigation may be issued only where the facts genuinely require elucidation and the court exercises its discretion judicially under Section 75 and Order XXVI Rule 9 CPC. The commission cannot be used as a substitute for evidence that parties must lead themselves. Order XXXIX Rule 7 CPC is a separate provision for preservation, inspection and related interlocutory measures, and did not justify the appointment on the facts stated. The application, read by its substance, did not warrant local investigation, and there was also lack of proper notice before treating it under Order XXXIX Rule 7. The impugned appointment of the Commissioner was therefore set aside and the appeal was directed to be decided expeditiously after hearing the parties. Case-Laws Indian Laws Tue, 07 Oct 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297092