https://www.taxtmi.com/caselaws?id=468251 Order XXVI Rules 9 and 10 of the Code permit local investigation where it is necessary to elucidate matters in dispute, and the Commissioner's report may form part of the evidence without amounting to impermissible evidence-gathering, so long as the court's adjudicatory function is not delegated. The court may entertain an application for local inspection before completion of trial if the report will assist in deciding the dispute or reduce oral evidence. A suit for injunction is not excluded from this power, including where inspection may clarify issues such as encroachment or boundary disputes. The HC quashed the refusal order, allowed local inspection, and directed measurement of the suit property. en-us Tue, 24 Jan 2023 00:00:00 +0530 Fri, 24 Apr 2026 11:56:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468251 Order XXVI Rules 9 and 10 of the Code permit local investigation where it is necessary to elucidate matters in dispute, and the Commissioner's report may form part of the evidence without amounting to impermissible evidence-gathering, so long as the court's adjudicatory function is not delegated. The court may entertain an application for local inspection before completion of trial if the report will assist in deciding the dispute or reduce oral evidence. A suit for injunction is not excluded from this power, including where inspection may clarify issues such as encroachment or boundary disputes. The HC quashed the refusal order, allowed local inspection, and directed measurement of the suit property. Case-Laws Indian Laws Tue, 24 Jan 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468251