https://www.taxtmi.com/caselaws?id=468244 A commission for local investigation under Order 26 Rule 9 CPC is justified only when the nature of the dispute makes spot inspection necessary for proper adjudication; it cannot be used to gather evidence that the parties themselves can adduce. Where the suit plot's identification and location are undisputed and the real controversy concerns an easementary right, the party asserting that right must lead its own evidence. The High Court held that appointing a Civil Court Commissioner at that stage was unnecessary and set aside the direction, noting that any request for local investigation could be considered later, after evidence was closed, if still required for decision of the lis. en-us Thu, 08 May 2025 00:00:00 +0530 Fri, 24 Apr 2026 08:52:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468244 A commission for local investigation under Order 26 Rule 9 CPC is justified only when the nature of the dispute makes spot inspection necessary for proper adjudication; it cannot be used to gather evidence that the parties themselves can adduce. Where the suit plot's identification and location are undisputed and the real controversy concerns an easementary right, the party asserting that right must lead its own evidence. The High Court held that appointing a Civil Court Commissioner at that stage was unnecessary and set aside the direction, noting that any request for local investigation could be considered later, after evidence was closed, if still required for decision of the lis. Case-Laws Indian Laws Thu, 08 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468244