Case Law Analysis
|Madhya Pradesh High Court
Order XXVI Rule 9 CPC | Court Commissioner Cannot Collect Evidence for Parties in Unauthorized Construction Disputes : MP HC Gwalior
MP High Court rules that Order XXVI Rule 9 CPC does not permit delegation of evidence collection to a Court Commissioner, reinforcing that parties must prove their claims through oral and documentary evidence. The decision bars trial courts from shifting the burden of proof to commissioners in unauthorized construction cases, ensuring procedural fairness in property disputes.