AI Overview...

• Order 26 Rule 9 - Survey Commissioner and Service of Notice
  The rule pertains to the appointment of a survey commissioner for local investigation in civil suits. It emphasizes that the appointment can be made without necessarily serving notice on the parties, but such service is generally considered necessary to ensure fairness. The validity of the survey report may be challenged if due process, including notice, was not followed. For example, a petitioner contended that the survey was conducted without notice, leading to challenges against the report's acceptance Umesh Chandra Paul VS Suresh Chandra Paul and another - Gauhati.

• Power of Appellate Court to Depute Survey Knowing Commissioner
  The appellate court has the authority under Order 26 Rule 9 to depute a survey-knowing commissioner for local investigations, especially when identification, location, or measurement of land is involved. This power allows courts to direct local investigations even on appeal, ensuring accurate determination of property boundaries BISHNU CHARAN SAHU VS PARAMANANDA SAHU - Orissa.

• Purpose and Stage of Appointment of Survey Knowing Commissioner
  The appointment aims to facilitate local investigation, particularly in cases involving land identification or measurement. The timing of appointment is flexible; the legislature has not prescribed a specific stage of the suit for appointment, allowing courts to appoint commissioners at any suitable stage, provided preconditions are met Bijaylal Mohanta VS Khiramani Mohanta - Orissa, Bhabesh Kumar Das VS Mohan Das Agrawal - Orissa.

• Objections and Conduct of Survey Knowing Commissioner
  Parties have the right to object to the report submitted by the survey commissioner. Appointment of a survey knowing commissioner does not prejudice either party and is intended to assist in clarifying land boundaries. Objections can be filed after the report submission, and the court considers these objections before finalizing its decision Savitri Devi W/o Sri Chakrabarti Kumar VS Sobha Sharma W/o Kumar Sunil Chandra Sharma - Patna.

• Controversies and Justification for Appointment
  When disputes involve precise identification or location of property, especially with incorrect or misleading descriptions, appointment of a survey commission is justified. The commission aids in locating property, ensuring the integrity of the proceedings George VS Nidhin B. Parapattu - Current Civil Cases.

• Repeated Appointment and Validity of Reports
  Once a survey commissioner is deputed and the report accepted, courts generally do not require a second survey unless new issues arise. The initial report, if properly obtained, is sufficient for adjudication, and subsequent appointments are only justified if necessary Raghunath Behera VS Debendranath Sahoo - Orissa.

Analysis and Conclusion
Order 26 Rule 9 of the Civil Procedure Code provides a framework for appointing survey commissioners to assist in property identification and measurement during civil suits. While the rule allows flexibility in the timing and manner of appointment, adherence to procedural fairness—such as serving notices—is crucial for the validity of survey reports. Courts have broad powers to depute survey commissioners at any stage, and their reports can be challenged or objected to by parties. The appointment is especially justified in cases involving disputed land descriptions or where precise location is critical. Overall, the rule facilitates accurate adjudication of land disputes while balancing procedural safeguards Umesh Chandra Paul VS Suresh Chandra Paul and another - Gauhati, BISHNU CHARAN SAHU VS PARAMANANDA SAHU - Orissa, Bijaylal Mohanta VS Khiramani Mohanta - Orissa, Savitri Devi W/o Sri Chakrabarti Kumar VS Sobha Sharma W/o Kumar Sunil Chandra Sharma - Patna, George VS Nidhin B. Parapattu - Current Civil Cases, Raghunath Behera VS Debendranath Sahoo - Orissa.