Provision for appointment of court commissioner in execution

Manju (Querist) 02 May 2024 This query is : Resolved
Dear Sir,
Kindly let me know the proper cpc provision for appointment of court commissioner in execution proceedings to execute a sale deed in favor of Decree Holder in a specific performance suit.

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This discussion clarifies the relevant provisions in the Code of Civil Procedure (CPC) for appointing a court commissioner during execution proceedings. Specifically, it addresses the appointment of a commissioner to execute a sale deed in favour of a Decree Holder in a specific performance suit. Section 75 and Order XXVI Rule 9 of the CPC empower the court to appoint a commissioner for investigation and reporting, while Order XXVI Rule 10 outlines the procedure for the commissioner's report, which becomes part of the court's evidence.

T. Kalaiselvan, Advocate (Expert) 02 May 2024
Code of Civil Procedure, 1908; Order XXVI Rule 10 - Procedure of Commissioner - In terms of Order XXVI Rule 10, the Commissioner has to submit a report in writing to the court. The report of the Commissioner and the evidence taken by him constitute evidence in the suit and form a part of the record.

P. Venu (Expert) 04 May 2024
What is the context for this query?

Advocate Bhartesh goyal (Expert) 04 May 2024
Sec 75 & order 26 rule 9 CPC empowers to court to appoint commissioner for investigate any matter in dispute and submit report to court.

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