https://www.taxtmi.com/caselaws?id=310213 A local investigation commission under Order 26 Rule 9 CPC may be issued ex parte, because the rule does not require prior notice before appointment; the procedural safeguard is that parties should be directed to appear before the commissioner. Here, the defendant in fact participated in the enquiry, so the appointment was not illegal. The commissioner's report and plan also were not inadmissible merely because the commission was issued without prior notice; the report forms part of the record, remains open to objection, and its correctness may be tested by examining the commissioner or other witnesses. The revision petition therefore failed. en-us Tue, 16 Dec 1952 00:00:00 +0530 Thu, 12 Oct 2023 12:44:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310213 A local investigation commission under Order 26 Rule 9 CPC may be issued ex parte, because the rule does not require prior notice before appointment; the procedural safeguard is that parties should be directed to appear before the commissioner. Here, the defendant in fact participated in the enquiry, so the appointment was not illegal. The commissioner's report and plan also were not inadmissible merely because the commission was issued without prior notice; the report forms part of the record, remains open to objection, and its correctness may be tested by examining the commissioner or other witnesses. The revision petition therefore failed. Case-Laws Indian Laws Tue, 16 Dec 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310213