Appointment of Local Commissioner -- Premature Application -- Application filed at initial stage liable to be set aside
Civil Procedure Code, 1908, O.26 R.9 -- Appointment of Local Commissioner -- Premature Application -- An application for appointment of a Local Commissioner under O.26 R.9 CPC must be filed at the stage of leading evidence and not at the very initial stage of proceedings -- Where such application is filed prematurely at the initial stage, the order allowing it is liable to be set aside and the report of the Local Commissioner is liable to be discarded.
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