The appointment of an Engineer Commissioner (or Court Commissioner) cannot ordinarily be refused

 The appointment of an Engineer Commissioner (or Court Commissioner) cannot ordinarily be refused when the court finds it necessary for a just and proper adjudication of facts — especially in disputes involving property boundaries, encroachments, or physical conditions of land.

Key Legal Principles:

1. Purpose of Commissioner:

   • A commissioner is appointed under Order XXVI of the Civil Procedure Code (CPC) to assist the court in gathering factual, physical, or technical evidence — particularly when such facts are better observed firsthand than explained in words.

2. When courts allow appointment:

   • In land or property disputes involving:

     • Boundaries, possession, or encroachment

     • Measurement or physical features

     • Access to the property (e.g., right of way)

   • Courts have consistently held that refusing a commission in such cases amounts to denial of justice.

3. Important Case Law:

   • K.K. Verma v. Union of India, AIR 1954 Bom 358 – Held that a commissioner can be appointed to inspect a site when physical inspection is necessary.

   • Velusamy v. Palanisamy, (2011) 11 SCC 275 – Recognized the value of local investigation via commissioner.

   • Narmada Bai v. State of Gujarat, (2011) 5 SCC 79 – Courts must not mechanically refuse a prayer for local inspection if it aids just decision.

Conclusion:

A court should not refuse the appointment of an Engineer Commissioner where:

• The facts in dispute are physical and technical in nature.

• The appointment would assist in reaching a just conclusion.

• The request is not a delay tactic.

If your request for appointment of an Engineer Commissioner has been rejected, you may have grounds to challenge the order (e.g., through a revision or appeal, depending on the context).