AI Overview...
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Pre-Framing Issue - Appointing a Court Commissioner
The appointment of a Court Commissioner before issues are properly framed is generally considered inappropriate. Such appointments are viewed as attempts to create evidence prematurely, which can prejudice the fair trial process. Courts emphasize that Commissioners should not be used as tools to generate evidence in favor of any party, and their appointment should only occur after issues are clearly defined. For example, in Naseeb Deen VS Versusharnek Singh - Himachal Pradesh, it was held that appointing a Local Commissioner prior to framing issues was unsustainable and could lead to prejudice. -
Legal Provisions Governing Appointment
Under Order 26 Rule 9 of the Civil Procedure Code (CPC), courts have discretion to appoint Commissioners for local investigations or measurements, but only when issues are properly framed and relevant to the case. The courts also recognize that such appointments are meant to assist in elucidating points in dispute, not to create evidence prematurely (Padma Charan Purohit VS Uma Patra - Orissa, Nihachaldas VS Kavita Karamchandani - Current Civil Cases, Nihachaldas VS Kavita Karamchandani - Rajasthan). -
Conditions and Limitations for Appointment
Commissioners should be appointed only when necessary for clarifying issues, especially after issues are framed and the material facts are established. Appointing Commissioners before this stage can be deemed illegal or improper, as seen in MARY SUSEELA FEMALE SERVANT vs MICHAEL (DIED) - Madras and K. M. A. Wahab & Others VS Eswaran & Another - Madras, where courts held that such appointments were unwarranted in the absence of a dispute over the specific matter (e.g., measurement). -
Specific Cases on Measurement and Evidence Collection
Courts have rejected applications for appointment of Commissioners for measurement or land demarcation before issues are framed, particularly when the title or primary dispute is not in question (BHAMA vs PRAKASHAN - Kerala, Jamir Khan s/o Amir Khan VS Dharamchand s/o Roopchand Sawala - Bombay). Such appointments are only justified when the court finds that evidence cannot be adequately produced without expert assistance, and only after issues are properly defined. -
Conclusion
Before framing issues in a case, courts generally should not appoint Commissioners, especially for evidence collection or investigations that could prejudice the trial. Commissioners are to assist in elucidating issues after they are properly framed, ensuring fairness and adherence to procedural law (Naseeb Deen VS Versusharnek Singh - Himachal Pradesh, Padma Charan Purohit VS Uma Patra - Orissa, Chandrasekaran & Others VS V. Doss Naidu - Madras). Proper timing and procedural compliance are essential for the legality and fairness of such appointments.
Search Results for "Before Framing Issue Court Commissioner can Not be Appoint"
2019 0 Supreme(HP) 1023 • India - Himachal Pradesh
AJAY MOHAN GOEL
Issues: The main issue was whether the Trial Court's decision to appoint a Local Commissioner for demarcation of land was ... Local Commissioner was not sustainable as it was made before the framing of issues and was an attempt to create evidence in favor ... appointment of a Local Commissioner should not be used as a tool to create evidence in favor of the parties. ... a Local Commissioner in the case was appointed, no prejudice s....
2022 0 Supreme(Bom) 1660 • India - Bombay
S. G. DIGE
The court found that while the order for framing the scheme was proper, the Assistant Charity Commissioner did not follow proper ... Finding of the Court: The court found that the order for framing the scheme was proper, but the Assistant Charity Commissioner ... Ratio Decidendi: The court held that while the order for framing the scheme was proper, the Assistant Charity Commissioner ... Applic....
2017 0 Supreme(Ori) 1078 • India - Orissa
A.K.RATH
key legal provisions discussed include Order 26 Rule 9 of the Civil Procedure Code (CPC) which allows for the appointment of a Commissioner ... Finding of the Court: The court found that the appellate court erred in not providing an opportunity to ascertain the ... essential facts are not established. ... In such a contingency, the learned appellate court could have deputed a survey knowing commissioner to ascertain the truth. The learned appellate....
2024 Supreme(Online)(MAD) 15790 • India - High Court of Madras
Hon`ble Mr.Justice R.VIJAYAKUMAR
the Advocate Commissioner. ... Ratio Decidendi: The appellate court should have considered existing evidence rather than remanding the case; remand is not ... Remand - Title Dispute - Civil Procedure Code - Sections Related to Remand and Appointment of Advocate Commissioner - The appellate ... Therefore, on the ground of framing of additional issues, the First Appellate Court ought not to have remitted the matter back to the trial Court. ... 22.The....
2013 0 Supreme(Raj) 519 • India - Rajasthan
ALOK SHARMA
Commissioner - Local Investigation - The court has discretion to appoint a commissioner for local investigation under Order 26 ... Corporation, and whether the trial court should exercise its discretion to appoint a commissioner for local inspection. ... Finding of the Court: The court found that the trial court did not err in dismissing the plaintiff's application as ... Order 26 Rule 9 CPC pro....
• India - Current Civil Cases
ALOK SHARMA
Civil Procedure Code, 1908—Order 26, Rule 9—Court can appoint a Commissioner for local investigation for elucidating any point in ... ... Held: Order 26, Rule 9 CPC provides that court can appoint a commissioner ... Commissioner for local inspection suffered no illegality. ... Order 26, Rule 9 CPC provides that court can appoint a commissioner for local investigation, inter alia for the purpose of elucidating any ....
2015 Supreme(Online)(KER) 3366 • India - High Court of Kerala
K.ABRAHAM MATHEW, J
Petitioners counterclaimed for a perpetual injunction and sought an order to appoint a commissioner for measuring the property, which ... property, ruling that title was not in question, and that measurement was unnecessary prior to framing issues. ... ------------------ Petitioners are the defendants in OS.200 of 2012 of Principal Munsiff Court ... The learned Musniff dismissed the application on the ground that title of the property is not in question. The ground on which the count....
2017 0 Supreme(Bom) 752 • India - Bombay
SHALINI PHANSALKAR JOSHI
discussed the legal provisions related to measurement of land, appointment of commissioner for measurement, and the power of remand ... Finding of the Court: The court found that the measurement carried out by the appointed surveyor was not proper and ... Issues: The main issue was whether the first appellate court's order of remand for retrial and measurement was justified. ... The first appellate Court, therefore, held that it would not be proper to dismiss the s....
2007 0 Supreme(Mad) 3609 • India - Madras
A.KULASEKARAN
Ratio Decidendi: The court held that the appointment of an Advocate-Commissioner was not justified as there was no dispute ... Issues: The main issue was the appointment of an Advocate-Commissioner under Order 26 Rule 9, C.P.C. ... Finding of the Court: The court found that the appointment of the Advocate-Commissioner was unsustainable in law and ... Advocate-Commissioner could be appointed only when the Court ....
2005 0 Supreme(Mad) 960 • India - Madras
R.BANUMATHI
evidence - Material issue of determining possession cannot be left to the Advocate Commissioner. ... Civil Procedure Code (V of 1908), O.26, Rule 9 - Advocate Commissioner cannot be appointment to collect evidence, but only to obtain ... Advocate Commissioner could be appointed only when the Court is satisfied that on the materials available on record, the party is not able to produce the desired evidence, the Court may assist the party to appoint th....
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