(1)The responsibility of ordering an inquiry under Order XXVI, Rule 9, rests entirely with the Court before whom the case 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 mesne profits or damages or annual net profits. A commission for local investigations to issue only when such investigation cannot be conveniently conducted by the Judge in person and when the matter in issue cannot be determined by taking evidence in the ordinary way.(2)When an application is made for the issue of a commission for local investigation, the Court in exercising its discretion should satisfy itself-(a)that the application has been made bona fide, e.g., that it is not the intention of the applicant to protract the litigation and to harass the other party by putting him to unnecessary expense;(b)that the application has been made at the earliest opportunity;(c)that the nature of the case calls for that particular mode of inquiry;(d)that the importance of the case warrants that expense being imposed on the parties; and(e)that such inquiry is not likely to be attended with delay which will counter balance the advantage to be gained from it.
