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Local Investigation / Court Commissioner (Order XXVI Rule 9 CPC)

Civil Procedure & Litigation Mechanics

Definition

The power of a civil court to appoint an advocate or expert as a Court Commissioner to visit a physical site, conduct a spot inspection, and submit a factual report and survey map to elucidate any matter in dispute (such as encroachments).

Example

In an encroachment suit between two agricultural landholders in Belagavi, the Senior Civil Judge appoints a retired government surveyor as a Court Commissioner under Order XXVI Rule 9 CPC to measure the boundary stones and submit a survey sketch.