Local commission can be any person or group of persons appointed by a court of law for getting knowledge related with a property, site inspection or for similar other purposes. Local commission is basically an agent of court with having the moral duty of making an impartial report without any biased opinions towards any party in a legal suit.
The court can suo moto appoint a local commission as well as on the request of one of more than one party in the suit. The report made by local commission can be objected by any of the parties in the suit. Similarly a request can be made by any party to the suit to cross examine the local commission. However, the court is not bound to accept or reject the demands made by parties in a suit. Court can decide any matter without catering the requests and objections of parties.
Court can always come to a conclusion on the bases of a local commission report. As it is a report made by the agent of a court, it means it is a report of the court itself. It should be a report with all the relevant content, pictures, maps and documents. Similarly the local commission report should be comprehensive with having viewpoints and statements of parties and people in the neighborhood of a particular site subjected to local inspection.
When it comes to common law system, concept of local commission is there. All the commonwealth countries follow the common law system and courts in these countries have procedure to appoint local commission. When it comes to India and Pakistan, Order 26 of Code of civil procedure deals with the process of local commission. There are separate statutes dealing with local commission in various other countries. However the concept exists and it works for the assistance of courts in most countries.
The court can suo moto appoint a local commission as well as on the request of one of more than one party in the suit. The report made by local commission can be objected by any of the parties in the suit. Similarly a request can be made by any party to the suit to cross examine the local commission. However, the court is not bound to accept or reject the demands made by parties in a suit. Court can decide any matter without catering the requests and objections of parties.
Court can always come to a conclusion on the bases of a local commission report. As it is a report made by the agent of a court, it means it is a report of the court itself. It should be a report with all the relevant content, pictures, maps and documents. Similarly the local commission report should be comprehensive with having viewpoints and statements of parties and people in the neighborhood of a particular site subjected to local inspection.
When it comes to common law system, concept of local commission is there. All the commonwealth countries follow the common law system and courts in these countries have procedure to appoint local commission. When it comes to India and Pakistan, Order 26 of Code of civil procedure deals with the process of local commission. There are separate statutes dealing with local commission in various other countries. However the concept exists and it works for the assistance of courts in most countries.
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