2025:UHC:3106 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1141/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Nikhil Singhal, learned counsel for the petitioner. 2. This is plaintiff’s petition challenging the order dated 05.03.2025 passed by learned Civil Judge (S.D.), Rishikesh, District Dehradun in Original Suit No. 18 of 2024. By the said order, defendant’s application, for issuance of commission, was allowed. 3. Learned counsel for the petitioner contends that Commission cannot be issued for collection of evidence, therefore, the order passed by learned Civil Judge is bad in the eyes of law. 4. This Court is not impressed by the said submission. Order 26 Rule 9 CPC enables the Court to issue Commission for making local investigation. Order 26 Rule 9 CPC is reproduced below for ready reference:- “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.” 2025:UHC:3106 5. From the aforesaid provision, it is revealed that it allows courts to issue Commission for local investigation to clarify disputed matters or assess property values or for the purpose of elucidating any matter in dispute. Though, the object of the local investigation is not to collect evidence, which can be taken in the Court, but the purpose is to obtain such evidence, which from its peculiar nature, can only be had on the spot with a view to elucidate any point, which is left doubtful on the evidence produced before the Court. Commission for local investigation can be issued by the court suo moto also, if it is deemed necessary in the facts and circumstances of the case. 6. From the language of Order 26 Rule 9, it is apparent that issuance of Commission is within the sole discretion of the Court. A reading of the impugned order reveals that Commission has been issued for the purpose of elucidating a matter in dispute. 7. Thus, this Court is not inclined to interfere with the exercise of discretion by the Trial Court, which was found necessary in the facts and circumstances of the case. 8. Accordingly, the writ petition fails and is dismissed. (Manoj Kumar Tiwari, J) 25.04.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f 3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58 531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.04.28 09:48:40 -07'00' 2025:UHC:3106