Code of Civil Procedure, 1908 | O. 26 Commissions

O. 9 Commissions to make local investigation

* Collection of evidence through order XXVI is not permissible.
2000 (3) Civil LJ 239 (Ram Krishan Taparia v. Shymalal)

* Local commissioner can only report on existing facts and not how they came about.
(2001) 2 SCC 762 Lekhraj v. Munilal

* Suit for injunction – encroachment – commissioner can be appointed for measurement - However, commissioner cannot go into question as to who is in possession of the property.
2002(1) Civil LJ 325 (Kant HC) (Anil v. Dudhappa