#Order XXVI Rule 9 CPC

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.

Karnataka High Court rules that courts must appoint a Court Commissioner under Order XXVI Rule 9 CPC to survey and measure disputed properties in injunction suits, regardless of delay. The ruling clarifies that disputed property descriptions necessitate factual determination by a commissioner, reinforcing procedural fairness in property disputes.

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.