THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO.2988 OF 2010 ORDER: The petitioner filed this Civil Revision Petition under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 12.04.2010 passed in I.A.No.125 of 2010 in O.S.No.468 of 2009 on the file of the II Additional Junior Civil Judge, Visakhapatnam, in dismissing the I.A. filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 {“CPC” for brevity}, seeking appointment of Advocate Commissioner to note down the physical features of five {5} feet width road schedule property and to certify that it is a cement road. Rule 9 of Order XXVI CPC reads as under. Commissions to make local investigations. In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court. A perusal of the provision clearly shows that the power is vested with the Court to form an opinion as to whether the local inspection is necessary basing on the nature of the suit. The appointment of Commissioner cannot be sought as a matter of right but it is for the Court to decide the nature of controversy involved and the dispute sought to be resolved. In the circumstances, the Court below has rightly exercised its discretion and there is no illegality in the order impugned. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _____________________ (GHULAM MOHAMMED, J) 30th July 2010 RRB