Whether Court Commissioner can collect evidence ?

As per settled law Appointment of Advocate
Commissioner – where there is an allegation of encroachment
of land, an Advocate Commissioner can be appointed for local
investigation as mere oral evidence will not aid either party to
decide the issue of encroachment – Such appointment cannot
be said to be for collection of evidence as the object of local
investigation itself is to collect evidence. Reported in 2016(1)
ALT 134.
Land Mark Judgments regarding to Commissioner
Appointment : –
1. Bandaru Mutyala and another Vs. Palli Appalaraju (4)
2013 (6) ALT 26 and it had held that in circumstances where
there is controversy as to identification, location or
measuments of the land, local investigation should be done.
2. In fact in Haryana Waqf Board Vs. Shanti Sarup and
others (5) (2008) 8 SCC 671, the Supreme Court has also held
that in a case where demarcation of the disputed land is
warranted, it would be appropriate for the Court to direct
investigation by appointing a local investigation under Order
XXVI Rule 9 CPC.
3. C. Veeranna Vs. C.Venkatachalam (2) 1958 (5) ALT 792
division bench wherein it was held that even exparte, an
Advocate Commissioner can be appointed without issuing
notice to the other side.
4. Jammi Venkata Krishna Rao and others Vs. Jammi
Venkata Hanuma Ravindranath in 2015 (5) ALT 14 : Noting
8
down physical features of property by Commissioner enables
the Court to arrive at appropriate decision regarding identity
of property – Appointment of Commissioner for that purpose
does not therefore, amount to collecting or gathering
evidence, especially when plaintiffs is contending that
defendants are trying to obliterate the physical features are
noted down by Commissioner, it enables the Court to
understand the physical features existed on the date of suit
and any subsequent obliteration can be known easily by
Court in the course of trial.