A. Code of Civil Procedure, 1908 (V of 1908), Order 26 Rule 10 – Local Commissioner’s report – Evidential value -- Commissioners’ reports are non-adjudicatory in nature and the Court adjudicate upon the rights of the parties -- It is only an opinion or noting -- Such a report does not automatically form part of the court’s opinion, as the Court has the power to confirm, vary or set aside the report.

(Para 10)

B. Code of Civil Procedure, 1908 (V of 1908), Order 26 Rule 10 – Possession over property – Local Commissioner’s report -- Except the report of the Local commissioner, the appellant-plaintiff has failed to produce any evidence to show his possession over the suit property and therefore, the Courts below have rightly drawn an adverse inference against the appellant/ plaintiff.

(Para 10)