Civil Procedure Code, 1908 (V of 1908) Order 26,
Rule 1 - Ingredients of Order 26 Rule 1 have to be satisfied before a
commission can be sent by Court - In exercising jurisdiction under Article 227 the High Court must follow the regime of law - The jurisdiction under Article 227 is neither original nor
appellate - Constitution of India, Article 227.(176) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 26, Rule 13 - Wherever in
the case of preparation of final decree of partition by metes and bounds by appointment of a Local Commissioner, in terms of Order 26 Rule 13 CPC, in case there is an objection to his report
by the other side, the Local Commissioner must be examined and opportunity should be given to the other side/objector to cross-examine him and lead evidence in controversion to the report of
the Local Commissioner. (178) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 26, Rule 14 - The report
of the Local Commissioner can be varied or even set aside, on the objection filed by either of the parties and if the report is varied or confirmed, the Court is to pass a decree accordingly
and if it set aside the report, it can still appoint a new Commission or pass any other order as it thinks fit in the facts and circumstances of the case. (178) P.L.R.
Civil Procedure Code, 1908 (V of 1908) Order 26 - Local Commissioner
has not been cross-examined, therefore, the report submitted by the Local Commissioner has to be read as evidence in terms of Order 26 Rule 9 of the Code of Civil Procedure. (175)