It is not the business of the Court to collect evidence in favour of one party – Court Commissioner

It is not the business of the Court to collect evidence in favour of one party:-
In Padam Sen and another vs. The State of U.P., AIR 1961 SC 218, three Judge Bench of the Hon’ble Supreme Court has held that Court has no inherent power under Section 151 to appoint an Advocate-Commissioner to seize account books in the possession of the plaintiff, upon an application by the defendant that he has apprehension that they would be tampered with. The Hon’ble Apex Court further held that the Court cannot seize them forcibly by appointing an Advocate-Commissioner, but it can summon them and if not produced, it can penalise the party and also draw adverse presumption against him. If the documents are forged, while in the possession of the plaintiff, the defendant can prove the forgeries and dispute the entries. The Hon’ble Supreme Court has categorically ruled that it is not the business of the Court to collect evidence in favour of one party.