Whether Notice to Opposite Party is required in Court Commissioner ? – Section 75 CPC

Notice to opposite party :
The question that arises is whether any duty is cast on
the Court to issue notice either before an order is passed for
the appointment of a Commissioner or after. There is nothing
in Rule 9 of Order 26 to warrant a contention that there is a
duty cast on the Court to issue notice before an order is
passed under that Rule. Under Rule 18 it is obligatory on the
Court after issuing Commission to direct the parties to the
suit to appear before the Commissioner in person or by their
agents or pleaders. It is so because each party should have a
chance of presenting his or her case and it is in conformity
with the principles of natural justice that it is only evidence
taken in the presence of the party that should be used
against him and it is for that purpose that Rule 18 requires
the Court to direct the parties to the suit to appear before the
Commissioner. From the above discussion, it would follow that
though it is not obligatory on the Court to issue notice to the
defendant before the appointment of a Commissioner, it is
mandatory on the Court after issue of the commission to
direct the parties to appear before the Commissioner.