Category: Legal Drafts

When This Application Is Used

A court usually decides a case on the evidence the parties place before it — documents, witnesses, and arguments. But sometimes the deciding fact is something lying on the ground: where exactly a boundary wall stands, whether a tenant has built an extra room, how much of a plot is actually under crops, or what a disputed account book really contains. The judge cannot leave the courtroom to go and look, and the parties' own claims about the spot often contradict each other.

This is where a Local Commissioner comes in. Under Order XXVI of the Code of Civil Procedure, 1908 (CPC), the court can appoint a commissioner — usually an advocate, a retired revenue officer, or another suitable person — to visit the site, inspect it, take measurements, examine accounts, or do whatever local investigation the case needs, and then file a written report. That report becomes part of the court record and can be a powerful piece of evidence.

Common situations where this application is filed:

  • Demarcation / boundary disputes — to fix the exact boundary line between two properties or to identify encroachment.
  • Possession disputes — to report who is actually in physical possession of the property and what construction exists on it.
  • Partition suits — to inspect the joint property and suggest how it can be divided, or whether division is even feasible.
  • Examination of accounts — where the dispute turns on account books (for example, between partners, or an agent's accounts), the commissioner can be directed to examine them.
  • Mesne profits / damages — to assess the condition, use, or rental value of property.
  • Status quo verification — to record the existing position at the site so that no party can later change it and deny it.

The governing provisions are Order XXVI, Rules 9 and 10 CPC: Rule 9 empowers the court to issue a commission for local investigation in any suit where the court deems a local investigation necessary or proper to clarify a matter in dispute, and Rule 10 deals with the procedure — the commissioner files a report in writing, subscribed with their name, and the report may be read as evidence, with parties entitled to examine the commissioner as a witness.

A word of caution before you use this template: a commission is issued at the court's discretion, not as of right. Your application must convince the court that (a) a genuine factual question exists that cannot be resolved on the current record, and (b) a site visit by a neutral person is the proper way to resolve it. Vague or fishing requests are routinely dismissed — and costs can follow.

The Application

IN THE COURT OF [THE LEARNED CIVIL JUDGE / SENIOR CIVIL JUDGE / ADDITIONAL DISTRICT JUDGE], [CITY]

Civil Suit No. [___] of [20__]

[FULL NAME OF PLAINTIFF], son/daughter/wife of [FATHER'S/HUSBAND'S NAME], resident of [COMPLETE ADDRESS], CNIC No. [___] ... Plaintiff

VERSUS

[FULL NAME OF DEFENDANT], son/daughter/wife of [FATHER'S/HUSBAND'S NAME], resident of [COMPLETE ADDRESS], CNIC No. [___] ... Defendant

APPLICATION UNDER ORDER XXVI, RULES 9 & 10, READ WITH SECTION 151, CODE OF CIVIL PROCEDURE, 1908, FOR APPOINTMENT OF LOCAL COMMISSIONER

Respectfully sheweth:

  1. That the above-titled suit is pending adjudication before this Honourable Court, in which the applicant is the [plaintiff / defendant]. The next date of hearing is fixed for [DATE].
  1. That the subject matter of the suit is [describe briefly, e.g., "a residential plot measuring 10 marlas, bearing Khasra No. [___], situated at [full address / village, tehsil, district]", or "the accounts of the partnership business run under the name [___]"]. The dispute between the parties turns, inter alia, on the following questions of fact: [state the factual questions precisely, e.g., "whether the defendant has encroached upon 2 marlas of the plaintiff's land by extending his boundary wall; the exact location of the boundary line; and the nature and extent of construction raised on the disputed strip"].
  1. That the said questions of fact cannot be satisfactorily determined from the pleadings, documents, and oral evidence alone, because [explain why, e.g., "each party has produced a different site plan, the revenue record is ambiguous on the point, and the witnesses give contradictory accounts of the position on the ground"]. The true position can only be ascertained by a physical inspection of the site.
  1. That it is neither feasible nor proper for this Honourable Court to itself undertake a personal inspection of the property in question, given the press of judicial business and the technical nature of the inspection required, which involves [measurement / demarcation with reference to the revenue record / detailed observation — choose as applicable].
  1. That the applicant has a genuine and bona fide apprehension that [state the urgency or risk, e.g., "the defendant is continuing construction on the disputed portion and the existing position is being altered day by day" / "the account books in the defendant's custody are liable to be tampered with"], and therefore an early local investigation is necessary to preserve and record the true state of affairs.
  1. That the appointment of a Local Commissioner to conduct a local investigation under Order XXVI, Rule 9 CPC is necessary and proper for the just and effective adjudication of the controversy between the parties, and no prejudice will be caused to the other side, who shall be at liberty to associate with the inspection and to file objections to the report under Order XXVI, Rule 10(2) CPC.
  1. That this application is bona fide, filed in the interest of justice, and within the jurisdiction of this Honourable Court.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Court may graciously be pleased to:

(a) appoint a Local Commissioner under Order XXVI, Rules 9 & 10 CPC to [state the commission's task precisely, e.g., "visit the suit property, take measurements with reference to the revenue record and the site plans on record, demarcate the boundary line between the parties' properties, note the exact nature and extent of any encroachment or construction on the disputed portion, prepare a scaled site plan, take photographs, and submit a detailed report"];

(b) direct that the Local Commissioner shall inspect the site in the presence of both parties (or their counsel/representatives) after due notice, and shall submit the report within [___] days;

(c) fix the fee of the Local Commissioner at Rs. [___], to be borne by [the applicant / shared equally by the parties — as the court deems fit]; and

(d) grant any other relief that this Honourable Court deems just and proper in the circumstances.

Any other relief deemed appropriate may also kindly be granted.

[CITY], dated [DD-MM-YYYY]

                                                    APPLICANT

Through Counsel:

[NAME OF ADVOCATE] Advocate High Court / District Courts [CITY] Chamber: [ADDRESS] | Cell: [___]

Affidavit in Support

IN THE COURT OF [THE LEARNED CIVIL JUDGE / SENIOR CIVIL JUDGE / ADDITIONAL DISTRICT JUDGE], [CITY]

Civil Suit No. [___] of [20__]

[FULL NAME OF PLAINTIFF] ... Plaintiff

VERSUS

[FULL NAME OF DEFENDANT] ... Defendant

AFFIDAVIT

I, [FULL NAME OF DEPONENT], son/daughter/wife of [FATHER'S/HUSBAND'S NAME], Muslim, adult, resident of [COMPLETE ADDRESS], holder of CNIC No. [___], do hereby solemnly affirm and declare on oath as under:

  1. That I am the [plaintiff / defendant] in the above-titled suit and the applicant in the accompanying application, and I am fully conversant with the facts of the case.
  1. That the contents of paragraphs 1 to 7 of the accompanying application for appointment of Local Commissioner are true and correct to the best of my knowledge, information, and belief, and nothing material has been concealed therefrom.
  1. That no part of this affidavit is false and nothing has been concealed, and I understand that making a false statement on oath is punishable under the law.

DEPONENT

Verification:

Verified on oath at [CITY] on this [___] day of [MONTH], [20__], that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing has been concealed therefrom.

DEPONENT

How to Use This Template — Notes

  1. Be specific in the prayer. The single most common reason these applications fail is a vague prayer like "to inspect the property." Tell the court exactly what the commissioner should do: measure what, with reference to which record, note what, and produce what (site plan, photographs, report). A precise prayer shows the court the commission has a defined, useful purpose.
  1. File it at the right stage. The application can be filed at any stage of the suit, but it carries the most weight once issues have been framed and the court can see exactly which factual question needs a site visit. Filing it prematurely, before the dispute has crystallized, invites dismissal.
  1. Name a proposed commissioner (optional but helpful). You may suggest a name — typically a senior advocate of the local bar or a retired revenue official familiar with demarcation — while leaving the final choice to the court. Courts appreciate a workable suggestion; it speeds up the order.
  1. Address the fee. The court fixes the commissioner's fee and decides who pays. Offering to bear the fee yourself (or proposing it be shared) removes a practical objection and signals bona fides. Budget realistically: fees vary by city and the complexity of the task.
  1. Serve notice and stay present. Once the commission issues, the commissioner must give notice to both sides before the visit. Attend the inspection yourself or through counsel, point out the relevant features on the spot, and keep your own dated photographs. If the other side's claims are recorded in your presence, they are harder to resile from later.
  1. Know your remedy against the report. Under Order XXVI, Rule 10(2) CPC, any party dissatisfied with the commissioner's report may apply to the court to examine the commissioner personally in open court on the matters referred to them. If the report is flawed — the commissioner did not visit, measured wrongly, or exceeded the mandate — file reasoned objections promptly; do not let a bad report go unchallenged on the record.
  1. Do not use this as a delaying tactic. Courts are alive to applications filed merely to stall proceedings. If your case genuinely needs a site visit, say so plainly and move quickly; if it does not, this application will hurt your credibility more than help your case.
  1. Adapt the affidavit deponent. The affidavit must be sworn by someone with personal knowledge of the facts — usually the party themselves. If the party cannot appear, a duly authorized attorney with personal knowledge may depose, but say so expressly.

Disclaimer: This is a general template for informational purposes and must be adapted to the facts of each case and the practice of the court concerned. Legal proceedings should be conducted through qualified counsel.

The Bottom Line

This article provides general legal information for readers in Pakistan and is not legal advice. For advice about your own situation, consult a qualified advocate.