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.
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