Appointment of Local Commissioner -- Premature Application
An application for appointment of a Local Commissioner under O.26, R.9 CPC must be filed at the stage of leading evidence and not at the very initial stage of the proceedings -- Where such application is filed prematurely by the defendant at the initial stage, the order allowing the same is liable to be set aside -- Order allowing application set aside -- Report of Local Commissioner discarded--CPC, 1908, O.26, R.9. (Paras 6 & 7)
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