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Sushil Kumar Bhatia (Advocate)     08 April 2009

court commissioner

court commissioner can be appointed to collect the evidence.



Learning

 4 Replies

N.K.Assumi (Advocate)     08 April 2009

Please refer to Order XXVI Rules 1 to 22 of the Civil Procedure Code, especialy Rule 10 to your query.

Y V Vishweshwar Rao (Advocate )     08 April 2009

Under Rule 9  of 26 CPC provides locla inspection/investigation for the purpose elucidating any matter indispute  and others  things  and the investigation report of the Commisisoner is evidece  as per the Rule 10 , it  is the Evidecece reduced  in to writuing by the Commisioner .

 

Ajay kumar singh (Advocate)     08 April 2009

A commissioner can not be appointed to collect evidence. Under the provosions of OR.26 C.P.C. a commissioner may be appointed to record evidence of a witness or for local investigation of the subject-matter of a suit or for scientific investigation.It should be noted that local investigation and local inspection are two distinct things.

sanjay singh thakur (advocate)     09 April 2009

Dear Mr. Bhatia

I fully agree with Mr. A.K.Singh.


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