Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No.

and Registrar’s order with Signatures WPMS/ 1141/ 2025 Hon’ble Manoj Kumar Tiwari, J

1. Mr. Nikhil Singhal, learned counsel for the petitioner.

2. This is plaintiff’s petition challenging the order dated 05.03.2025 passed by learned Civil Judge (S.D.), Rishikesh, District Dehradun in Original Suit No. 18 of 2024. By the said order, defendant’s application, for issuance of commission, was allowed.

3. Learned counsel for the petitioner contends that Commission cannot be issued for collection of evidence, therefore, the order passed by learned Civil Judge is bad in the eyes of law.

4. This Court is not impressed by the said submission. Order 26 Rule 9 CPC enables the Court to issue Commission for making local investigation. Order 26 Rule 9 CPC is reproduced below for ready reference:-

“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 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