Gathering evidence -- It is a settled law that in a suit for permanent injunction, the matter pertaining to the possession of the suit property would have to be decided by the Court on the basis of evidence, oral or documentary, which would be led by the parties and not through a Local Commissioner as it would amount to gathering of evidence.

(P&H HC) Decided on: 30.04.2021

Suit for partition -- Appointment of local commissioner cannot be made to collect the evidence for a party.

(P&H HC) Decided on: 30.04.2021

Demarcation of property – Opinion on encroachment – Permissibility of -- Local Commissioner should confine himself to only the demarcation of properties according to the revenue records without expressing any opinion on encroachment which is the judicial function to be performed by the trial court on the totality of evidence yet to be adduced by the parties.

(P&H HC) Decided on: 09.01.2020