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o.26 r.9 c.p.c.

(Querist) 09 June 2009 This query is : Resolved 
Second commission-can be appointed to more details and it is not necessary to set asid the previous commission report.
Khaleel Ahmed (Expert) 09 June 2009
The parties who have objection over commissioner's report filed before the court should file objections and request to the court to appoint second commissioner to find out the facts.The commissioner should be examined and cross examined before the court.The report will be marked as exhibit.
Y V Vishweshwar Rao (Expert) 09 June 2009
There must be objections agains First commissiner's Report that the Commissioner Warrant is not properly executed as directed by the Court and there are omissions in observing the Physical features & giving report to the court and the Court may cosnider the objections ,then only the Second Commisioner maybe appionted !
adv. rajeev ( rajoo ) (Expert) 10 June 2009
I agree with Khalee and Y.V.V. but objections should be filed with an affidavit of the parties. It is necessary, bare objections will not be considered.
There is one ruling of High Court of Karnataka, I will inform about that.


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