Deepak (Nil) 18 September 2026

Advocate commissioner related query

Dear Learned Advocates,

We are the Plaintiffs in a Money Recovery Suit. When our documents were marked on Wednesday, the Defendant's Junior Counsel requested time for Cross Examination after October 10th stating as their Senior Counsel would'nt be available and the Judge appointed an Advocate Commissioner for the Cross Examination.

When we checked our case status on the E-Courts portal it was stated that the an Advocate Commissioner has been appointed with a fee of Rs. 2500 and "for cross examination the date is fixed on October 6th on condition of forfeiture of right to cross as junior counsel reported that senior counsel is unavailable for defendant and for acknowledgement call on 8th October".

I asked some questions and asked our junor counsel but didn't get any satisfactory response, and am also unable to meet our advocate as he has been hospitaised, hence seeking clarification regarding the following-

Will the Cross Examination be held on 6-10-26 in the Court hall or else where?
Do we have to pay the fee of Rs. 2500 to the Advocate Commissioner?
As our case status is Commissioner's Report, does it mean that we will be cross-examined by the Advocate Commissioner on 6-10-26 and that the Commissoner has to submit the Cross-Examination sheet on 8-10-26?
Will both our counsel as well as the Defendant's counsel be present while the Advocate Commissoner Cross-Examines us?

Regards

Reply Follow

Quick Summary

A plaintiff in a money recovery suit is seeking clarification regarding an Advocate Commissioner appointed for cross-examination. The defendant's junior counsel was unavailable, leading to the appointment. The plaintiff has questions about the location of the cross-examination, the fee payable to the Commissioner, and whether the Commissioner will conduct the cross-examination or merely record it. The provided advice suggests the defendant pays the fee and the Commissioner records evidence, but cannot conduct the cross-examination themselves.

4 Replies

T. Kalaiselvan, Advocate (Advocate) 19 September 2026

The court may fix the place and time for cross examination, if it takes place outside court.

The defendant has to pay the advocate commissioner fee

Yes.

Since the defendant Counsel is not available the advocate commissioner will be cross examining the witness

P. Venu (Advocate) 19 September 2026

The Advocate Commissioner has been appointed to record the evidence. To my knowledge, the Commissioner himself cannot cross-examine; he jurisdiction is only to record the evidence.