Court Commissioner Application can be rejected on the following Grounds.
- commissioner is required to decide real controversy between parties
- commission cannot be appointed for making an enquiry about factum of possession.
- The appointment of Advocate commissioner for making enquiry about the factum of possession of the property in dispute is improper.
- The scope of the commission is not to assist any party to collect evidence. but must be based on pleadings of the parties and relief claimed in the suit.
- if the reason mentioned in the application does not satisfy the elements of Order 26 Rule 9 of the CPC , then Application of Court Commissioner can be rejected.
- This is a matter of course shall not done.
- The Court should convinced for the purpose and the ingredients must fulfil.
- The Court has discretion to appoint a commissioner but the discretion has to be exercised in a judicious and sound manner.