Rule 1.
Cases in which Court may issue commission to examine witness
Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from sickness or infirmity unable to attend it.
Rule 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.
Rule 10.
Procedure of Commissioner
(1)The Commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the Court.
(2)Report and deposition to be evidence in suit — The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open Court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation.
Rule 10A.
Commission for scientific investigation
(1)Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit directing him to inquire into such question and report thereon to the Court.
(2)The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
Rule 13.
Commission to make partition of immovable property
Where a preliminary decree for partition has been passed, the Court may, in any case not provided for by section 54, issue a commission to such person as it thinks fit directing him to make the partition or separation according to the rights as declared in such decree.
Legal Commentary & Landmark Judgments: Order XXVI
Order XXVI of the Code of Civil Procedure, 1908 governs the appointment of court commissions, regulating local investigations for boundary, encroachment, and market value disputes under Rule 9.
In boundary disputes, trespassing allegations, and construction encroachment litigations, an application under Order XXVI Rule 9 for appointment of a revenue official or architect commissioner is essential. The commissioner visits the spot with prior notice, conducts total-station demarcation, and submits a map that forms part of the evidence under Rule 10(2).