Appointment of advocate commission

M Satyanarayana (Querist) 20 July 2013 This query is : Resolved
Sir,

In a partition suit after preliminary decree there is final decree in the suit for which a litigant is required to file application for final decree within a period of 3 Years.

After filing the appplication for final decree warrant was issued but not executed by advocate commission due to collusion with other party and got lapsed. Can I have a right to apply again for appointing advocate commission in the partition suit. What is my position regarding appointment of advocate commission. Can I have a right to file application again for fresh advocate commission.

Please kindly advise.

Thank you

MSN

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Advocate Bhartesh goyal (Expert) 20 July 2013
Yes you can move application to cancel the previously commission on ground of collusion and his negligence and get appointed another commissioner.