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DELHI HIGH COURT
C.HARI SHANKAR
Rajiv Sikka – Appellant
Versus
Ashok Kumar Jain – Respondent
| Table of Content |
|---|
| 1. dismissal of the petition as misconceived (Para 1 , 16 , 21 , 22) |
| 2. appointment of a local commissioner under cpc (Para 2 , 4 , 5) |
| 3. petitioner's objections to local commissioner appointment (Para 6 , 10) |
| 4. clarifications on the role of the local commissioner (Para 7 , 8 , 14) |
| 5. limits of high court's jurisdiction under article 227 (Para 11 , 12 , 19 , 20) |
1. This petition is, in my view, a complete misuse of Article 227 of the Constitution of India. Petitions such as this clog the board of this Court, resulting in cause lists running into close to a hundred matters every day. It is also a matter of regret that a matter so insubstantial has remained pending for three years as on date.
2. The impugned order dated 28th November 2018, passed by the learned Administrative Civil Judge (the learned ACJ) in CS 133/16 (Ashok Kumar Jain v. Rajiv Sikka) merely appoints a local commissioner under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (CPC).
3. Order XXVI Rule 9 of the CPC reads thus:
"9. Commissions to make local investigations
In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucid
The High Court's supervisory jurisdiction under Article 227 is limited to ensuring subordinate courts act within their authority, and local commissioners can be appointed before recording evidence.
The court established that the appointment of a commissioner under Order XXVI Rule 9 of the CPC is not to be used as a means to collect evidence after the closure of proceedings, and such application....
Article 227 of the Constitution serves a supervisory function, not an appellate one, focusing on jurisdictional errors and not the correctness of decisions made by lower courts.
The main legal point established in the judgment is the interpretation of the scope and object of Order 26 Rule 9 of the Civil Procedure Code, emphasizing its purpose and the need for the Court to ex....
The court clarified that the appointment of a Commissioner for local inspection in encroachment cases is permissible even before trial, reinforcing the report as vital evidence.
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