Cancellation of advocatte commissioner

Rajendra prasad (Querist) 10 April 2023 This query is : Resolved
Dear Sir / Madam,

My sister filed a case for property share. Now the case has come to final stage. Last week the opposition advocate supposed to do cross examine me. Instead the opposition advocate told to judge that they require more time (around one hour) for cross examination and asked the judge to appoint advocate commissioner.
Judge has appointed advocate commissioner. I would like to complete the cross examination in the court in presence of judge and not with advocate commissioner.
Kindly suggest me whether I can ask the court to cancel the appointment of advocate commissioner and complete the cross examination in the court itself. What reason I should mention and what is the procedure?
Kindly suggest me.

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Quick Summary

A person is seeking advice on cancelling the appointment of an advocate commissioner in their property share case. They prefer to complete the cross-examination in court with the judge present, rather than with a commissioner. While the court has discretion to appoint a commissioner, a written objection with an affidavit detailing reasons may convince the court to cancel the appointment. However, deposing before an advocate commissioner might be more advantageous for scheduling, especially given the individual's work commitments in a different city.

kavksatyanarayana (Expert) 10 April 2023
The Court has power, which is discretionary in nature, to appoint a Commissioner for the purpose of ascertaining, certain facts, to make it clear and intelligible, and to throw light upon the matter in issue, relating to the main case as well as the facts leading to the dispute. In a property case, the commissioner advocates will give his report to the court. So you can not ask the court to cancel the appointment of the advocate commissioner.

Rajendra prasad (Querist) 10 April 2023
Thank you for your valuable advice.

kavksatyanarayana (Expert) 11 April 2023
You are welcome please.....................

T. Kalaiselvan, Advocate (Expert) 13 April 2023
The court has granted permission to the advocate seeking an advocate commissioner to record the evidence adduced during cross examination for the satisfactory reason that the advocate mentioned before court.
What is our objection to it, what difference will it make for you to depose evidence before an advocate commissioner or the judge.
Your objection can be filed in writing with an affidavit for the reasons you rely upon, if the court is convinced then it will cancel the appointment of advocate commissioner for this purpose the case will continue in the regular manner.

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Rajendra prasad (Querist) 13 April 2023
Dear Sir,
Thank you so much for your detailed explanation.
The problem is that the case is going on in Nellore (Andhra Pradesh) court and I am working in Chennai. Last time when I went, the opposition advocate told that she is busy on that day and she has not done cross examination. For conducting cross examination, my advocate, opposition advocate, commissioner advocate and my self shall be present and matching the timings for all the persons is difficult. More over I am working in a central government department and getting sudden and unplanned leave is difficult. If it is in the court means all the advocates and judge are present on all the working days and I can plan my leave well in advance. Kindly give your suggestion.

P. Venu (Expert) 13 April 2023
The reason you have tried to furnish is less than convincing. Anyhow, what is the opinion of your advocate?

Rajendra prasad (Querist) 14 April 2023
Dear Sir,
I have not discussed this matter with my advocate. Before talking to him I would like to get expert opinion. Hence I posted my question in this forum. Thank you sir.

P. Venu (Expert) 14 April 2023
In my considered opinion, it is much more advantageous to depose before the Advocate Commissioner vis-a-vis the Court.

As to the timing, it could be scheduled based on consent among the parties and their advocates.

Rajendra prasad (Querist) 14 April 2023
Thank you very much sir. I will proceed with advocate commissioner.

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