Commission to make local investigation:
In any suit in which the Court deems a local
investigation to be requisite or proper for the purpose of
elucidating any matter in dispute, or of ascertaining the
market-value of any property, or the amount of any mesne
profits or damages or annual net profits, the Court may issue
a commission to such person as it thinks fit directing him to
make such investigation and to report thereon to that Court;
Commissioner to demarcate plot to help Court better
appreciate the evidence:
During trial of a suit for declaration of title and
permanent injunction, the application for appointment of
Commissioner was filed for the purpose of demarcating the
suit site with the help of Surveyor. The High Court held that
whenever there is a dispute regarding boundaries or physical
features of the property or any allegation of encroachment as
narrated by one party and disputed by the other, the facts
have to be physically verified, because, the recitals of the
documents may not reveal the true facts and in such cases,
measuring the land on the spot by a Surveyor may become
necessary. It is also observed that it is always better if the
parties are allowed to adduce evidence at the stage of trial
for better appreciation of the facts which will help of the Court
in effectively deciding the main dispute between the parties.