PART II SPECIFIC RELIEF · CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS · CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

Section 14A: Power of court to engage experts

The Specific Relief Act, 1963

(1) Without prejudice to the generality of the provisions contained in the Code of Civil Procedure, 1908 (5 of 1908), in any suit under this Act, where the court considers it necessary to get expert opinion to assist it on any specific issue involved in the suit, it may engage one or more experts and direct to report to it on such issue and may secure attendance of the expert for providing evidence, including production of documents on the issue.

(2) The court may require or direct any person to give relevant information to the expert or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.

(3) The opinion or report given by the expert shall form part of the record of the suit; and the court, or with the permission of the court any of the parties to the suit, may examine the expert personally in open court on any of the matters referred to him or mentioned in his opinion or report, or as to his opinion or report, or as to the manner in which he has made the inspection.

(4) The expert shall be entitled to such fee, cost or expense as the court may fix, which shall be payable by the parties in such proportion, and at such time, as the court may direct.]

Questions on this section

2 questions in 9 of our papers cite Section 14A. Try these from the free papers:

1. Consider the following statements regarding Section 14A of the Specific Relief Act, 1963: 1. The court may engage an expert only on an application made by one of the parties. 2. The opinion or report given by the expert forms part of the record of the suit. 3. With the permission of the court, a party to the suit may examine the expert personally in open court. Which of the statements given above is/are correct?
2. Consider the following statements regarding an expert engaged by the court under Section 14A of the Specific Relief Act, 1963: 1. The expert's fee, cost or expense is fixed by the court and is payable by the parties in such proportion, and at such time, as the court directs. 2. The court may require any person to give relevant information to the expert, or to produce or give access to relevant documents, goods or other property for his inspection. 3. The expert's fee is borne by the State Government and cannot be charged to the parties. Which of the statements given above is/are correct?

Practise questions on Specific Relief Act