Section 155 in Civil Court Rules of the High Court of Judicature at Patna
155.
The responsibility of ordering an inquiry under Order XXVI, Rule 9 of the Code of Civil Procedure, rests entirely with the Court before which the suit is pending. Such Court may order such inquiry when it deems a local investigation to be necessary or proper for the purpose of elucidating the matters in dispute, or of ascertaining the amount of any mesne profits or damages or annual net profits. The Court is, therefore, to consider, when it is moved to order any such inquiry, whether the nature of the case calls for that particular mode of inquiry, whether the application has been made at a proper stage of the proceedings, whether the importance of the case warrants that expense being imposed upon the parties, and whether such inquiry may not be attended with a delay which will counterbalance the advantage to be derived from it.
