Court Commissioner Application Template

About this agreement

AN APPLICATION FOR APPOINTMENT OF A COURT COMMISSIONER

Need a reliable Application for Appointment of a Court Commissioner format to streamline your civil litigation in India? Our customizable legal template in PDF and Word formats is ready to use, helping you request court-appointed experts efficiently for local investigations or evidence collection.

What is an Application for Appointment of a Court Commissioner?

An Application for Appointment of a Court Commissioner is a formal petition filed under Order XXVI of the Code of Civil Procedure, 1908 (CPC) in Indian courts. It seeks the court's permission to appoint an independent commissioner to conduct local inquiries, examine accounts, perform scientific investigations, or partition properties. This document is crucial in civil suits where direct court inspection is impractical, ensuring accurate fact-finding without overburdening judicial resources.

Why is it Important?

In complex litigation involving land disputes, business accounts, or technical matters, an Application for Appointment of a Court Commissioner format proves invaluable. It enables the court to delegate tasks to experts, leading to precise reports admissible as evidence. Key benefits include:

Faster resolution of factual disputes.
Cost-effective evidence gathering.
Compliance with CPC requirements for commissioner appointments.
Reduced trial delays by providing on-ground insights.

Using a professionally drafted sample ensures your application meets judicial standards, increasing approval chances and avoiding rejections due to formatting errors.

Key Elements of the Application for Appointment of a Court Commissioner Format

A standard Application for Appointment of a Court Commissioner template includes:

Heading and Court Details: Name of the court, suit number, parties involved.
Applicant's Particulars: Name, address, and status in the suit (plaintiff/defendant).
Facts of the Case: Brief summary highlighting the need for commissioner.
Grounds for Appointment: Specific reasons, e.g., local investigation under Order XXVI Rule 9, account scrutiny under Rule 11.
Proposed Duties: Clear tasks for the commissioner, like measuring property or verifying documents.
Prayer Clause: Request for appointment, fees, and report submission timeline.
Verification: Affidavit by the applicant confirming facts.
Annexures: Supporting documents or maps.

Our free download option provides this structure in editable Word format, fully compliant with Indian court norms.

Who Should Use This Format?

This legal template is ideal for:

Litigants in property partition suits, tenancy disputes, or boundary issues.
Businesses resolving partnership accounts or commercial disagreements.
Lawyers handling civil cases requiring expert commissions for engineering, valuation, or forensic analysis.
Individuals in family disputes over inheritance or joint properties.

Whether in High Courts, District Courts, or Sessions Courts across India, this ready-to-use Application for Appointment of a Court Commissioner sample saves time and ensures professionalism.

Download Your Customizable Template Today!

Get instant access to our premium Application for Appointment of a Court Commissioner format in PDF/Word. Customize it effortlessly with AI tools or professional legal help. Paid options unlock advanced features like unlimited edits and priority support.

Important Note on Customization and Legal Advice

While this customizable legal template is designed for convenience, it is not a substitute for professional legal advice. Tailor it to your case specifics and consult a qualified lawyer to ensure enforceability. Explore related templates like Commissioner's Report Format, Local Investigation Application, or CPC Order XXVI samples for comprehensive court documentation in India.

AN APPLICATION FOR APPOINTMENT OF A COURT COMMISSIONER

An application for appointment of a court commissioner

IN THE COURT OF THE SMALL CAUSES JUDGE,

Civil Suit No.

Shri_____P__S__D__ _ Plaintiff

Versus
Shri_____S___M___P__ _ Defendant

AN APPLICATION ON BEHALF OF THE DEFENDANT FOR APPOINTMENT OF A COURT COMMISSIONER

The defendant above-named submits this application, praying to state as follows:

1. That the plaintiff has filed the present suit against this defendant for fixation of standard rent and recovery of possession.

2. That this defendant has accordingly filed his written statement
separately and also an application for the grant of stay.

3. That this defendant respectfully submits for the kind perusal and sympathetic consideration of this Hon'ble Court that the plaintiff says that the area occupied by and in possession of this defendant is 280 sqft, while the actual area is 480 sqft approximately.

4. That this defendant also submits that with a view to confirming the actual area occupied by and in possession of this defendant and also taking the measurements of the suit premises, it is indispensable that this Hon'ble Court be pleased to appoint a court commissioner.

5. That this defendant submits that the plaintiff has tried to mislead this Hon'ble Court by purposely mentioning the wrong area of 280 sqft instead of the actual area of 480. sqft.

6. That this defendant submits that if this Hon'ble Court is not pleased to grant this application for the appointment of a court commissioner, this defendant will suffer irreparable loss and damages.

7. That this defendant also submits that unless the plaintiff amends the plaint itself by mentioning the area of the suit area to be 480 sqft approximately, no facts will come before the Hon'ble Court.

8. That this defendant furthermore submits that if the plaintiff on his own does not amend the plaint and rectify the mistake in respect of the actual area, the appointment of a court commissioner is but a must, and hence, this application.

9. That this defendant also respectfully submits for the kind consideration of this Hon'ble Court that the plaintiff through his agents on at 9.00 a.m. tried to demolish a part of the suit premises so as to reduce the same to the area from 480 sqft to 280 sqft.

10. That this defendant furthermore submits that unless the appointment of a court commissioner is made and the exact and actual area of the suit premises cannot be brought on record of this Hon'ble Court, and this defendant also cannot submit his say in that respect, and hence, the appointment of a court commissioner is not only essential but also in the interest of justice.

11. That this defendant submits that if no court commissioner is appointed, the defendant is afraid that the actual record and details with special reference to the area of the suit premises will never be available, and hence, for want of the facts, this defendant shall be subjected to suffer irreparable loss and damages and flagrant injustice shall also be done to this defendant for no fault on his part.

12. That this application being chargeable with a fixed rate of court-fee, the same is paid herewith.

13. That this defendant, therefore, prays that this Hon'ble Court be pleased to appoint a court commissioner in the matter.

14. That this defendant submits that he is ready and willing to pay and deposit in this Hon'ble Court the necessary amount towards the expenses on account of the appointment of a court commissioner.

15. That an affidavit in support hereof is filed herewith.

Mumbai, Sd/-SMP

DEFENDANT
Dated:______

Sd/- xXx

ADVOCATE FOR DEFENDANT

IN THE COURT OF THE SMALL CAUSES JUDGE, MUMBAI

AT MUMBAI

Civil Suit No. 500/ 2009

Shri __.. P__.S__.D__. _ Plaintiff

Versus
Shri __.. S__.M__.P__. _ Defendant

AFFIDAVIT

I, Shri SMP, the present defendant, do hereby state on solemn affirmation as follows :

1. That the plaintiff has filed the present suit against this defendant
for fixation of standard rent and recovery of possession.

2. That this defendant has accordingly filed his written statement separately and also an application for the grant of stay.

3. That this defendant respectfully submits for the kind perusal and
sympathetic consideration of this Hon'ble Court that the plaintiff says that the area occupied by and in possession of this defendant is 280 sqft, while the actual area is 480 sqft approximately.

5. That this defendant submits that the plaintiff has tried to mislead this Hon'ble Court by purposely mentioning the wrong area of 280 sqft instead of the actual area of 480 sqft.

11. That this defendant submits that if no court commissioner is appointed, the defendant is afraid that the actual record and details with special reference to the area of the suit premises will never be available, and hence, for want of the facts, this defendant shall be subjected to suffer irreparable loss and damages, and flagrant injustice shall also be done to this defendant for no fault on his part. WHATEVER stated above in paras 1 to 11 is true and correct to the best of my knowledge and belief, and so I have signed hereunder at Mumbai this day of 200_

Sd/-SMP
I know the Defendant. DEFENDANT

Sd/- xXx ADVOCATE

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Important Guidelines

Guideline for Drafting an Application for Appointment of a Court Commissioner:

Usage: An Application for Appointment of a Court Commissioner is used in legal proceedings when parties require a court-appointed official to perform specific tasks, such as serving legal documents, gathering evidence, or conducting property inspections. This application formally requests the court's approval for such an appointment. Here's a concise guideline:

Header: Include the court's name, case number, and the names of the parties involved.

Introduction: Begin with a concise introduction, explaining the purpose of the application and the need for a court commissioner.

Details of Appointment: Specify the tasks or responsibilities you want the court commissioner to undertake. Be clear and specific.

Justification: Provide reasons for requesting the appointment, explaining how it serves the interests of justice and expedites the legal process.

Qualifications: Mention the desired qualifications or expertise of the court commissioner if applicable.

Supporting Documents: Attach any supporting documents, such as affidavits, declarations, or proposed orders, that strengthen your case for appointment.

Signature: Sign the application, and if required, have it notarized.

Common Mistakes to Avoid:

Lack of Clarity: Ensure your application clearly states the tasks or responsibilities you expect the court commissioner to perform. Missing Justification: Always provide compelling reasons for the appointment; demonstrate how it benefits the case. Inadequate Supporting Documents: Include any necessary affidavits, declarations, or proposed orders to strengthen your request. Incorrect Format: Use the proper format and include all required case information. Failure to Follow Local Rules: Consult local court rules and procedures to ensure compliance. Notarization (if required): If your jurisdiction requires notarization, ensure it's done correctly. Drafting an Application for Appointment of a Court Commissioner is vital to facilitate specific legal tasks within a case. It should be clear, well-justified, and compliant with local court procedures to increase the chances of approval. Legal consultation or assistance may be necessary to ensure accuracy and adherence to court requirements.

Frequently asked questions

What is an Application for Appointment of a Court Commissioner?→

This is a legal document used in Indian civil courts under Order XXVI of the Code of Civil Procedure, 1908, to request the court to appoint a commissioner for local investigations, property inspections, or examination of accounts.

Is this application format legally valid in Indian courts?→

Yes, this standard format complies with Indian legal requirements and precedents. Customize it for your specific court and jurisdiction to ensure validity across India.

Do I need to pay stamp duty or court fees for this application?→

Court fees apply as per the Court Fees Act, 1870, varying by state. No stamp duty is typically required for such applications; verify with your local court in India.

In what format can I download this application?→

Download this fully customizable legal application in editable Word or ready-to-use PDF format, suitable for Indian court filings.

Who should use this Application for Appointment of a Court Commissioner?→

Litigants in civil suits in Indian courts needing commissioner for evidence gathering, site inspection, or accounts verification should use this application.

How can I customize this application for my case?→

Edit placeholders for case details, court name, reasons for appointment, and applicant information to tailor this legal document for your specific needs in India.