Subject :  Court commissioner

Answer By Lawyer :  It said that the scope of Order 26 Rule 9 of the CPC is very limited. The Trial Court in any suit in which a local investigation is required or proper for purpose of elucidating any matter of dispute may appoint a Commissioner The provisions of Order XXVI Rule 9 of the CPC are very clear and for the ready reference the same is reproduced below :- “9. Commissions to make local investigations.-- In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court : Provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules.” The High Court made out that It is that during pendency of the trial and before the judgment if the Trial Court finds that any issue requires clarification or elucidation, the Court may suomoto appoint Commissioner to submit the report for which no application is required. It said that the scope of Order 26 Rule 9 of the CPC is very limited. The Trial Court in any suit in which a local investigation is required or proper for purpose of elucidating any matter of dispute may appoint a Commissioner. It is settled law that the parties are required to prove their own case by way of evidence, therefore, it is the duty of plaintiff/defendant to first give evidence in support of their case. After the evidence of parties, if Court deems it proper that any issue requires clarification then the Court may appoint a Commissioner. The report of Commissioner is merely a piece of evidence and not binding on the Trial Court. It can be used for the purpose of appreciating the evidence came on record. By looking at the case in hand, the Court cleared that respondent hadn't provided any evidence to prove his case and thus he couldn't avail benefits of Order 29 Rule 9 of CPC. It thus set aside the impugned Trial Court order by turning the application invoked under Order 29 Rule 9 of CPC.

Subject :  Court commissioner

Answer By Lawyer :  It is provided under Order XXVI Rule 9 of CPC that in any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court. 75. Power of court to issue commissions. – Subject to such conditions and limitations as may be prescribed, the court may issue a commission – (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; or (d) to make a partition; (e) to hold la scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit; (g) to perform any ministerial act.” As per Section 75(b), subject to such conditions and limitations as may be prescribed the Court may issue commission to make a local investigation. With this, section 75 it would be appropriate now to refer Order XXVI Rule 9 of CPC. Sub-title of Order 26 of CPC makes a reference to “Commissions to examine the witness”. Rule 9 of Order XXVI provides “Commissioner for local investigation.” (See: The Hon’ble Bombay High Court ruling in Registered Office At Mukundraj vs Ramkrushna Dhondiram, WRIT PETITION NO.4974 OF 2008, dt. 7.10.2008)

Subject :  Court commissioner

Answer By Lawyer :  Civil Matter pending in civil courts for chief witness out station are not able to attend the courts and on the affidavit and request of either of the party before the court the court may appoint a Commissioner and the party to the affidavit have to bear all the expenses provided both the parties agree to the appointment and the court will appoint a Court commissioner to record the statement of the witness before the parties and obtain the signature on the both parties & endorse sign and close the report. Thus it is not local any commissioner out station can be appointed and the court will issue notification with all the terms & conditions ,remuneration and time limit to submit the commission report .

Subject :  Court commissioner

Answer By Lawyer :  Dear sir/ madam Court commission is appointed to make an independent enquiry of a legal suit issue pending and the trail/arguments are in process Anand Shukla Advocate 9013150200

Subject :  Court commissioner

Answer By Lawyer :  Dear sir/ madam Court commission is appointed to make an independent enquiry of a legal suit issue pending and the trail/arguments are in process Anand Shukla Advocate 9013150200

Subject :  Court commissioner

Answer By Lawyer :  Court commissioner are types judge commissioner and advocate commissioner They will be appointed for specific duties like recording evidence and dividing of shares in partitoin decree etc