IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 663 of 2023 Decided on: 26.03.2025 ____________________________________________________ Surender Kumar Garg ……….. petitioner Versus Sanjiv Kumar Saini and others ……….respondents ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Suneet Goel, Sr. Advocate, with Mr. Vivek Negi, Advocate. For the respondents : Mr. Ashok K. Tyagi, Advocate, for respondent No.1. ____________________________________________________ Bipin Chander Negi, Judge (oral) The present petition has been preferred laying a challenge to order dated 10.10.2023 passed by the learned Rent Controller-II, Nahan, District Sirmaur, H.P. in case No. 13/2 of 2014, titled Sanjiv Kumar Saini vs. Surender Kumar Garg. The present petitioner is the tenant before the Rent Controller. A petition for eviction has been filed against the present petitioner by the respondents/landlords before the Rent Controller. The same has been filed on the ground of personal bona fide requirement. 2. Heard counsel for the parties. Perused the pleadings. 3. From a perusal of the impugned order dated 10.10.2023, it is evident that an application filed under Order 26 Rule 9 CPC by the present petitioner has been kept pending. The same has been kept pending till the evidence of both the parties is over. Liberty in terms of the impugned order has been reserved whereby the present petitioner 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 may press the application filed under Order 26 Rule 9 CPC after closure of evidence of both the parties. Thereafter the matter was posted for recording of evidence of the petitioner before the trial Court. 4. Rule 9 of Order 26 CPC reads as follows: “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.” 5. A bare reading of Rule 9 of Order 26 CPC clearly indicates that amongst other purposes a local commissioner can be issued for elucidating any matter in dispute. The expression “elucidate” means to make lucid or clear, throw light upon, explanation, enlighten. The object of local investigation is not to collect evidence which can be adduced in the Court by the party itself. 6. Only when the court is satisfied on materials available on record that a party is not able to produce required evidence due to certain circumstances, the Court may appoint a Local Commissioner to get such material, which can neither be had from the record nor can be produced by leading oral or documentary evidence. Appointment of a local commissioner cannot be claimed by a party as a matter of right. 7. Since, in the case at hand, evidence is yet to be recorded, therefore, there is an infirmity in the order passed by the learned Trial Court in postponing the adjudication of the present 3 application under Order 26 Rule 9 CPC. In doing so there is a failure on the part of the Trial Court in exercising jurisdiction vested in it. For the foregoing reasons the application kept pending by the trial Court under Order 26 Rule 9 CPC should have been disposed of as being pre mature. 8. Hence the impugned order is set aside. The petitioner is at liberty in accordance with law to file an application under Order 26 Rule 9 CPC if need arises in future. Parties are directed to appear before the Rent Controller on 10th April, 2025. 9. Petition stands disposed of in the aforesaid terms. Pending miscellaneous applications, if any, also stand disposed of. (Bipin Chander Negi) Judge March 26, 2024 tarun