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(Guest)

Court appoint commissioner - real context

Hi,

When it comes to advocate commissioner for a partition suit case,what exactly does it mean -

Who is a advocate commissioner  in a real context of partition suit case?

1.is he a advocate again
2.is he a surveyor
3. is he a third party appointed by court for survey of land for metes and bounds to be partitioned?
4. how much is the court cost for a advocate commissioner fee? will he physically visit the property and review revenue/sub register record for partition by metes and bounds?
5. what exact role does the advocate commissioner do n a partition suit case?
6. is advocate commissioner report a must for final decree?

I am going through a situation now and the information found so far  to understand the above is a grey area to me without any clarity.



Learning

 6 Replies

Siddharth Srivastava (Advocate)     13 July 2017

The appointed local commissioner is appointed by the court for a specific assigned work/duty for which a particular fee is fixed by court at its own dicretion. The local commisioner may or mayy not be advocate. 

Ms.Usha Kapoor (CEO)     14 July 2017

i AGREE WITH SIDDARTH SREEVASTAV'S OPINION. NOTHING MORE TO SAY.

1 Like

(Guest)

thanks

please provide clairity on point 4-6.

 

 

P. Venu (Advocate)     14 July 2017

PLEASE POST THE MATERIAL FACTS.

G.L.N. Prasad (Retired employee.)     14 July 2017

Better if some one provides point wise clarification for more clarity.

T. Kalaiselvan, Advocate (Advocate)     18 July 2017

An Advocate Commissioner can be appointed under Order XXVI Rule 9 of the Code of Civil Procedure 1908 inter alia for elucidating any matter in dispute. 

Appointment of Commissioner in terms of part III i.e. matter “Incidental proceedings” of CPC is a provided by section 75 of the Code.

appointing advocate commissioner by the trial Court for the purpose of demarcating schedule property and fix boundary stones to the property of the respondents amounts to granting pre-trial decree as it satisfied part of the reliefs claimed in the suit. In such case, commissioner cannot be appointed for the said purpose. Further, it was held in this case that to appoint an advocate commissioner, Court has to keep in mind the following:
(1) Total pleadings of both parties;
(2) Relief claimed in suit;
(3) Appointment of advocate commissioner for specific purpose at interlocutory stage shall not amount to grant pre-trial decree; and (4) Necessity to appoint advocate commissioner to decide real controversy between parties.

 

Hon’ble Madras High Court has held thus:- “Under Order 26, Rule 10, Sub-rule (3) the Court, if it is dissatisfied with the report, can direct setting aside the report, the Court can direct the Commissioner to rectify the defect or deficiency, taking into consideration the objections and evidence let in, in that behalf and to file a supplementary report. As far as possible, Commissioner, who has already visited the property should be directed to file a supplementary report and only if that is not possible, the report could be scrapped.


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