( 1 ) THIS matter was referred to a Bench as in the opinion of the referring Judge (Justice Qamar Hasan) there was a conflict of authorities on the point whether a court can appoint a Commissioner without notice to the other side, The relevant provision of the Code of Civil Procedure is Order 26 Order 9 which recites: "in any suit in which the Court deems a local investigation to he requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property or the amount of any mesne profits or damages or annual net profits, the Court may issue a Commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court. ***" It is urged by the Revision Petitioner that the court is bound to issue a notice before a commission is issued having regard to the provisions of Order 18 of the same Order. That rule provides; " (1) Where a commission is issued under this Order, the Court shall direct that the parties to the suit shall appear before the Commissioner in person or by their agents or pleaders. (2) Where all or any of the parties do not so appear, the Commissioner may p