Case Law Analysis
|Bombay High Court
Court Commissioner Inspection Without Sanctioned Plan Violates CPC Order 26 Rule 9 | Bombay HC Declares Futility, Mandates Affidavit Disclosure : BHC
The Bombay High Court has ruled that appointing a Court Commissioner to inspect a building without a sanctioned plan renders the commission legally futile under CPC Order 26 Rule 9. Instead, defendants must disclose unit details via affidavit, eliminating the need for physical inspection and setting a new standard for judicial efficiency in property disputes under the Maharashtra Rent Control Act.