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Appointment of court commissioner.

(Querist) 05 March 2013 This query is : Resolved 
Plaintiff filed a suit for easementry rights, wherein he filed an IA to stop construction on the suit property which was came to be dismissed. Again he filed Misc Appeal against the order on IA and also filed an application U/o 39 R 1 and 2. My question is that, in an appellate stage and in order to decide on IA pending before the appellate court, whether the appellate court can appoint a court commissioner for the inspection of the suit property on the application ?
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R.K Nanda (Expert) 05 March 2013
yes,appellate court can appoint LC.
Devajyoti Barman (Expert) 05 March 2013
Yes, it can be allowed by court.
Raj Kumar Makkad (Expert) 05 March 2013
Yes. The court can appoint court commission at any stage of the litigation in the interest of justice.

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