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THE FIRST SCHEDULE · ORDER XXVI COMMISSIONS · Commissions for local investigations

Order XXVI Rule 10: Procedure of Commissioner

The Code of Civil Procedure, 1908

(1) The Commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the Court.

(2) Report and depositions to be evidence in suit.—The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open Court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation.

(3) Commissioner may be examined in person.—Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further inquiry to be made as it shall think fit.

1[Commissions for scientific investigation, performance of ministerial act and sale of movable property

Footnotes in the official text

  1. 1.Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).

Questions on this rule

1 question in 6 of our papers cite Order XXVI Rule 10. Try these from the free papers:

  1. 1. Consider the following statements under Order XXVI CPC: 1. The report of a Commissioner appointed for local investigation, together with the evidence taken by him, is evidence in the suit and forms part of the record. 2. The evidence taken by such a Commissioner may be read in the suit even without his report. 3. The Court, or any party with the Court's permission, may examine the Commissioner personally in open Court about his report. 4. Where a question involves a scientific investigation that cannot conveniently be conducted before the Court, it may issue a commission for that purpose. Which of the statements given above are correct?

Practise questions on Civil Procedure Code