Appointment of Local Commissioner -- Advocate Commissioner -- Physical Features of Property -- Permissible scope does not extend to determining possession
(i) Civil Procedure Code, 1908, O.26, R.9 -- Appointment of Advocate Commissioner -- Physical Features of Property -- An advocate commissioner may be appointed to determine the physical features of a property. Appointment cannot be made to verify or gather evidence as to who is in possession of the property, as this falls outside the permissible scope of a commission under O.26, R.9. (ii) Civil Procedure Code, 1908, O.26, R.9 -- Appointment of Advocate Commissioner -- Survey and Localization of Property -- A court may appoint a commissioner to survey and localize a property even before evidence is adduced by the parties. Such appointment is permissible where it serves to clarify ambiguities and enable the parties to lead their evidence accordingly.
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