obstructing the execution of the local
commission by the local commissioner held that a local commissioner is
appointed to act as the eyes and ears ... report of the local
commissioner emphasised that a local commissioner is effectively the eyes
and ears of the Court, who is appointed because a Judge
matter for appointment of Local
Commissioner only, and should have decided the appeal on the basis of
report of Local Commissioner itself by giving chance ... appointment of Local
Commissioner to demarcate the land, on the ground that Local
Commissioner should have been appointed to find out the extent of
encroachment
appointment of Local Commissioner for the purpose of recording evidence
filed by him was allowed and a Local Commissioner was appointed for
recording the evidence ... Local
Commissioner. A mere ministerial recording of evidence could well
be the objective for permitting recording of evidence through Local
Commissioner, provided such appointment
Local Commissioner before the written statement was
filed. The contention was raised, in the revision petition
that the Local Commissioner could not have been
appointed ... appoint a Commissioner. It is in these
circumstances, it was held that in such a situation Local
Commissioner ought to have been appointed
part of Local Commissioner. To
put it differently, we are clearly of the view that if the Local
Commissioner's report was found wanting ... Local Commissioner for the purpose of local investigation or for
elucidating any matter in dispute or for other allied purposes. The
object of the local
have been appointing
Local Commissioner for recording of the evidence and this case is no
exception.
8. The Local Commissioner was appointed by an order ... 2018 Page 13 of 15
before the Local Commissioner. The order of 03.07.2018 of the Local
Commissioner is self-explanatory which shows that the respondent
evidence was concluded by the parties. There is no need to appoint Local Commissioner ... this stage, the appointment of Local Commissioner is to delegate the power of the Court to the Local Commissioner. Resultantly, application under reference is dismissed
appointment of the Local Commissioner while concealing the earlier
application which was accepted by the court and Local Commissioner was
appointed for demarcation ... Hari Om 's case (supra), that order
appointing or refusing to appoint Local Commissioner is not revisable and it
does not decide the rights
2018 IN CS(COMM) 291/2018 Page 13 of 20
A LOCAL COMMISSIONER APPOINTED BY THE COURT IS
EFFECTIVELY THE EYES AND EARS ... record."
22. In the opinion of this Court, a Local Commissioner appointed by
the Court is an extended arm and agent of the Court
Whether the Courts below have failed to
appoint Local Commissioner, in order to
determine boundary dispute between the parties
despite the fact that application under ... filed, which was dismissed by the
learned Court below and without appointing Local Commissioner, when
::: Downloaded on - 04/01/2020 20:26:16 :::HCHP
