AI Overview...
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Rejection of Application for Evidence Collection - Multiple sources confirm that applications under Order 26 Rule 9 CPC for appointing a Commissioner to collect evidence are generally rejected when the purpose is to gather evidence or determine facts already established or to be determined by the court. Courts have held that such appointment at advanced stages or for evidence collection amounts to improper delegation of judicial functions Shivnarayan VS Shyamlal - Madhya Pradesh, Mahaveer Prasad VS Addl. District Judge, No. 1 - Rajasthan, Gorelal Lodhi S/o Pyarelal Lodhi vs State of Madhya Pradesh - Madhya Pradesh, Utkal Auto Represented Through Its Partner, Akhil Poddar VS Radheshyam Goenka - Orissa.
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Scope and Limitations of Order 26 Rule 9 - The rule permits appointment of a Commissioner primarily for demarcation, measurement, or inspection, not for collecting evidence that could be obtained through other means or at a different stage of trial. Appointment is inappropriate when the issue is already settled or when it would amount to evidence collection, which is the court's function Nathuram VS Raghunath - Rajasthan, Ramjani Khan VS Komal Prasad - Madhya Pradesh.
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Timing and Stage of Proceedings - Courts have rejected applications for appointment of Commissioners at late stages, such as during final arguments, emphasizing that evidence collection should occur earlier and not as a means to delay proceedings or gather evidence improperly Nathuram VS Raghunath - Rajasthan.
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Legal Principles and Jurisdiction - The courts consistently hold that appointing a Commissioner under Order 26 Rule 9 to gather evidence is beyond its scope and violates the principles of judicial jurisdiction. Such appointments are not permissible for evidence collection but are limited to specific functions like demarcation or inspection Shivnarayan VS Shyamlal - Madhya Pradesh, Mahaveer Prasad VS Addl. District Judge, No. 1 - Rajasthan.
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Summary of Judicial View - Overall, the main insight is that courts are cautious about appointing Commissioners under Order 26 Rule 9 CPC for evidence collection, especially if it involves gathering evidence that should be produced through standard procedures. The rejection of such applications maintains the integrity of judicial functions and prevents misuse of the provision Utkal Auto Represented Through Its Partner, Akhil Poddar VS Radheshyam Goenka - Orissa, Sunil S/o Ramkishan Jaiswal VS Omprakash S/o Ramkishan Jaiswal - Madhya Pradesh, CHANDRASHEKHAR vs RENUKA AND ORS - Karnataka.
Analysis and Conclusion
Order 26 Rule 9 CPC does not permit the appointment of a Commissioner solely for collecting evidence, particularly at advanced stages or to determine factual issues already settled or pending. Such appointments are confined to specific functions like demarcation or inspection. Courts have consistently rejected applications that seek to use the rule for evidence collection, emphasizing that evidence should be collected through proper judicial procedures and not delegated to Commissioners in a manner that encroaches upon judicial authority.
Search Results for "26 Rule 9 Rejected Collection of Evidence"
2023 0 Supreme(MP) 183 • India - Madhya Pradesh
VIVEK RUSIA
-- application rejected on ground that Commissioner cannot be appointed for collection of evidence -- powers under order 26 rule ... flfoy çfØ;k lafgrk] 1908 && vk- 26 fu- 9 && 'kfä;¨a dh O;kfIr && lhekadu d¢ ... C., 1908 -- O. 26 R. 9 -- scope of powers -- application for appointing Commissioner for demarcation -- demarcation already done ... Commissioner under Order 26 rule 9,....
2012 0 Supreme(Raj) 1059 • India - Rajasthan
ALOK SHARMA
of a purported right of way — Held — Commissioner cannot be appointed for collection of evidence — Application rightly rejected. ... C.P.C., Order 26 Rule 9 — Appointment of Commissioner — Suit for right of way — Commissioner for dermining the question of existence ... ... fl-iz-la-] vkns'k 26 fu;e 9 & deh'kuj ... The said application was opposed by the defendants stating that the issue of consideration of pre-existing right of way as alleged was a....
2023 Supreme(Online)(MP) 27233 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
GURPAL SINGH AHLUWALIA
The application was rejected by the Trial Court on grounds of improper evidence collection. ... ... ... Issues: The main issue was whether a local commissioner could be appointed under Order 26 Rule 9 CPC to gather evidence on ... (A) Constitution of India - Article 227 - CPC - Order 26 Rule 9 - Petition challenging rejection of application for appointment of ... The Trial Court by the impugned order has #HL_STAR....
2018 0 Supreme(Ori) 868 • India - Orissa
BISWANATH RATH
The trial court rejected the plaintiff's application under Order 26 Rule 9 of C.P.C. seeking appointment of a Civil Court Commissioner ... The court found that sending a Commission at this stage would amount to collection of evidence, which is not permissible in the eye ... Finding of the Court: The court found that sending a Commission at this stage would amount to collection of evidence ... Further looking to the claim and the rival-claim of both....
2011 0 Supreme(Raj) 211 • India - Rajasthan
PRAMIL KUMAR MATHUR
C.P.C., Order 26 Rule 9 — Application for site inspection and appointment of commissioner at the stage of final argument — Rejected ... for the purpose of collection of evidence nor can the report of the commissioner be used as substantial evidence — The Court cannot ... be instrument for the purpose of collection of evidence — Committed no irregularity or jurisdictional error in passing impugned ... Neither the Commissioner can be....
2019 0 Supreme(MP) 603 • India - Madhya Pradesh
VISHAL MISHRA
C., 1908 -- O. 26 R. 9 -- trial Court allowed application for appointment of Commissioner at stage of plaintiff’s evidence -- also ... [Para 11 & 12 flfoy izfØ;k lafgrk] 1908 & vk- 26 fu- 9 & fopkj.k U;k;ky; us oknh ... are illegal and contrary to settled legal position -- such questions are required to be decided by trial Court itself on basis of evidence ... Thus, the Order impugned is appears to be per se illegal and Commission could not have been issued for collection#HL....
2023 0 Supreme(MP) 90 • India - Madhya Pradesh
GURPAL SINGH AHLUWALIA
Finding of the Court: The trial court rejected the applications under Order 1 Rule 10 CPC and Order 26 Rule 9 CPC, ... collection. ... 10 CPC and Order 26 Rule 9 CPC by the trial court. ... and Order 26 Rule 9 CPC have been rejected. ... By the impugned order dated 20.09.2022, the trial Court rejected the application filed under Order 1 #HL_S....
2023 Supreme(Online)(MP) 27241 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
GURPAL SINGH AHLUWALIA
(A) Constitution of India - Article 227 - Civil Procedure Code, 1908 - Order 26 Rule 9 - Petition filed challenging rejection of ... ... ... Issues: The primary issue was whether the appointment of a local commissioner for evidence collection was appropriate in ... collection, establishing that such appointment would effectively delegate judicial functions. ... The Trial Court by the impugned order has rejected the application mainly on the ground that local commiss....
2024 Supreme(Online)(KAR) 18589 • India - High Court of Karnataka
MR JUSTICE V SRISHANANDA, J
(A) Code of Civil Procedure, 1908 - Order 26 Rule 9 - Writ petition for quashing the order rejecting the application for appointment ... collection. ... of Court Commissioner - The Trial Court's rejection was based on the objection of the defendants regarding evidence collection for ... The said application was objected to by the defendants stating that allowing the application would amount to collection of evidence for the benefit of the plaintiffs.....
2010 0 Supreme(Raj) 160 • India - Rajasthan
SHUBHRA SINGH
of evidence — Order is justified and confirmed. ... C.P.C., Order 26 Rule 9; Rajasthan Tenancy Act, 1955, Sec. 212 — Measurement of land on the spot — Suit for correction of entries ... Rakaba, declaration and permanent injunction — During pendency of suit, filed application for measurement of land in dispute — Rejected ... suit is for declaration — Summoning mauka report amounts to collection of evidence — Burden of proof is on plaintiff—Held, Order is justified & co....
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