Code of Civil Procedure, 1908 • Order XXVI

Order XXVI Rule 9 CPC: Commissions to Make Local Investigations

Order 26 Rule 9 of the Code of Civil Procedure, 1908 empowers a civil court to appoint a commissioner for a local investigation when it is necessary or appropriate to clarify a disputed matter, value property, or ascertain certain monetary claims.

At a glanceA local investigation assists the court with facts that may be better understood through an on-site inspection. It does not transfer the court's duty to decide the dispute to the commissioner.

Text of Order XXVI Rule 9 CPC

9. Commissions to make local investigations. - In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court:

Provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules.

Meaning and scope of Rule 9

The rule authorizes a local investigation - an inspection or inquiry concerning a location, property, physical feature or other relevant circumstance - where the court considers it useful for deciding an issue in a pending civil suit. The power is discretionary: the word "may" does not make appointment automatic whenever a party requests it.

The expression "elucidating any matter in dispute" means clarifying a factual issue already arising between the parties. A commissioner can assist by observing, measuring and recording relevant physical conditions within the terms of the court's order.

When may a local investigation be ordered?

To clarify disputed physical facts: for example, the location of a boundary, the condition of a pathway, a claimed encroachment, or the existence of a physical obstruction.
To ascertain market value: where valuation of property is an issue and a local inquiry would assist the court.
To ascertain mesne profits: broadly, profits actually received or reasonably obtainable by a person in wrongful possession, together with interest as provided by Section 2(12) CPC, excluding profits attributable to improvements made by that person.
To ascertain damages or annual net profits: where an investigation can help establish relevant figures or facts.

Procedure for appointment and investigation

Application or court initiative: a party may apply for a commission, and the court may also consider the need for investigation as permitted by law.
Judicial order: the court identifies the issues requiring investigation, the person appointed, and the scope of the assignment.
Local inquiry: the commissioner undertakes the directed inspection or inquiry, ordinarily providing parties an opportunity to participate as required by the order and applicable procedure.
Report: the commissioner submits findings and relevant materials to the court, which then considers them under the applicable rules.
Objections and assessment: parties may challenge the report; the court evaluates its evidentiary worth rather than treating the commissioner's conclusions as a binding judgment.

Section 75 CPC - Power of court to issue commissions

Section 75 is the enabling provision for commissions, subject to prescribed conditions and limitations. It includes commissions to make local investigations, examine witnesses, examine or adjust accounts, and other specified purposes.

Order XXVI Rule 10 - Procedure and report of commissioner

Rule 10 addresses the commissioner's procedure and the treatment of the report and evidence taken during the local investigation. Subject to its provisions, the report and evidence form part of the record and are evidence in the suit; the court or parties with the court's permission may examine the commissioner, and the court may direct further inquiry if dissatisfied.

Order XXVI Rule 18 - Appearance of parties before commissioner

Rule 18 deals with directing parties to appear before the commissioner and the consequences when they do not attend, subject to the rule's terms.

Limits of a local commission

A commission is intended to assist fact-finding, not to conduct a roving inquiry or substitute for proof of a party's case. The court should tailor the commission to the real controversy, consider the necessity of an on-site inquiry, and apply any relevant State Government rules governing eligible commissioners. The commissioner's observations do not finally determine title, possession or legal rights: those questions remain for the court.

Frequently asked questions

Can a commissioner be appointed in a property boundary or encroachment dispute?

Yes, where an inspection or measurement is considered necessary or proper to clarify an issue in dispute. Appointment depends on the facts, the pleadings and the court's discretion.

Is a local commissioner's report conclusive evidence?

No. Order XXVI Rule 10 governs its evidentiary treatment. The court may examine the commissioner and, where appropriate, order further investigation.

Can a party demand a local investigation as a matter of right?

No. Rule 9 confers a discretionary power on the court. The applicant should explain the specific disputed fact that the proposed investigation would clarify.

Official statutory source

Read the Code of Civil Procedure, 1908 (India Code, official Act text), particularly Section 75 and Order XXVI Rules 9, 10 and 18. Applicable state amendments, High Court rules and current judicial directions should also be checked for the court concerned.

This article explains the central CPC framework for general information and does not replace advice about the facts of an individual proceeding.