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C.NOWSHAD (ADVOCATE)     03 January 2012

Report of advocate commissioner can be marked as a document

whether a report filed by an Advocate commissioner before a court of law can be marked as an exhibits on the side of the Plaintiff or defendant of that suit..?

quote few citations if available...



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 3 Replies

niranjan (civil practice)     03 January 2012

It has to be proved like any other document.

Vakeel Civil Court (Director)     03 January 2012

If the commissioner is appointed by the Court upon an application of the party, the report automatically becomes the record of the court and according to the terms of appointment of the commissioner it will be marked in A for plaintiff, B for defendant, or C i.e. court series.

 

In case of any rival claim/contention by the opposit party, the report will have to be proved as any other document.

J.M.P.Lobo (Practising Advocate)     05 January 2012

Order  XXVI  Rule  10  sub-rule  (2)  C.P.C.:  The  report  of  the  Commissioner  and  the  evidence  taken  by him  shall be  evidence  in  the  suit  and  shallform  part  of  the  record


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