How is the survey done by the court commission?
On the second day of the survey of the court commissioner in Sambhal's Shahi Jama Masjid, there was a ruckus during the survey, during which bricks and stones were thrown, firing also took place in which four people have also lost their lives. How is the survey of the court commissioner done, what is it, we will explain it to you in detail.
Giving information in this matter, allahabad High court advocate and law expert Vikalp Kumar Rai says that the power to appoint a commission is given in section 75 of the Code of Civil Procedure, 1908 and its process is described in detail in Order 26. The power to issue a commission is at the discretion of the court and it can be used by the court to do complete justice between the parties. It can be used by the court either on the application of the party to the case or on its own initiative.
Why is there a need to appoint a court commissioner?
Giving an example, he said that when the dispute between the parties is about the route and the plaintiff says that there is only one way for movement and that too has been blocked by the defendant, then in such a situation the court cannot reach any conclusion on the basis of evidence only because such a physical situation cannot be presented before the court and neither can the court reach that particular physical situation and give any conclusion.
A commission is basically the instructions or roles given by the court to a person to work on behalf of the court and the idea behind it is to perform those tasks which help the court in giving complete justice. Such a person who conducts the commission is known as "Court Commissioner". This court commissioner is in a way the eye of the court who goes to the spot and tests the claim of the case on the touchstone of law.