https://www.taxtmi.com/caselaws?id=468367 Order XXVI Rule 9 CPC permits a court to direct local investigation on its own motion where it is necessary or proper to clarify matters in dispute, but the discretion must be exercised judicially and on recorded reasons. In a bare injunction suit, an ex parte commission at the interlocutory stage should not be directed routinely or in a manner that assists one side in gathering evidence. Because the impugned order gave no reasons showing necessity and did not fairly balance the parties, the suo motu ex parte appointment of the advocate commissioner was unsustainable and was set aside, while the court's power to pass a fresh reasoned order after notice remained open. en-us Tue, 03 Mar 2020 00:00:00 +0530 Fri, 01 May 2026 18:28:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=468367 Order XXVI Rule 9 CPC permits a court to direct local investigation on its own motion where it is necessary or proper to clarify matters in dispute, but the discretion must be exercised judicially and on recorded reasons. In a bare injunction suit, an ex parte commission at the interlocutory stage should not be directed routinely or in a manner that assists one side in gathering evidence. Because the impugned order gave no reasons showing necessity and did not fairly balance the parties, the suo motu ex parte appointment of the advocate commissioner was unsustainable and was set aside, while the court's power to pass a fresh reasoned order after notice remained open. Case-Laws Indian Laws Tue, 03 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=468367