Case Law Analysis
|Bombay High Court
CPC Order 26 Rule 9 | Court Commissioner Appointment Premature Before Plaintiff Completes Evidence in Encroachment Suit : Bombay HC
Bombay High Court rules that appointing a Court Commissioner under Order 26 Rule 9 CPC before the plaintiff completes evidence shifts the burden of proof unfairly. The decision clarifies that such appointments must follow evidence completion to prevent judicial overreach in encroachment disputes.