Rule 9 Order XXVI of Code of Civil Procedure 1908 "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.
Rule 10 Order XXVI of Code of Civil Procedure 1908 "Procedure of Commissioner"
(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.
Commissioner may be examined in person - 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) 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.
Commissions for scientific investigation, performance of
ministerial act and sale of movable property.
Rule 10A Order XXVI of Code of Civil Procedure 1908 "Commission for scientific investigations"
(1) Where any question arising in a suit involves
any scientific investigation which cannot, in the opinion of
the Court, be conveniently conducted before the Court, the
Court may, if it thinks it necessary or expedient in the
interests of justice so to do, issue a commission to such
person as it thinks fit, directing him to inquire into such
question and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall, as far as
may be, apply in relation to a Commissioner appointed under
this rule as they apply in relation to a Commissioner
appointed under rule 9.
Rule 10B Order XXVI of Code of Civil Procedure 1908 "Commission for performance of a ministerial act"
(1) Where any question arising in a suit involves the
performance of any ministerial act which cannot, in the
opinion of the Court, be conveniently performed before the
Court, the Court may, if, for reasons to be recorded, it is
of opinion that it is necessary or expedient in the
interests of justice so to do, issue a commission to such
person as it thinks fit, directing him to perform that
ministerial act and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in
relation to a Commissioner appointed under this rule as they
apply in relation to a Commissioner appointed under rule 9.
Rule 10C Order XXVI of Code of Civil Procedure 1908 "Commission for the sale of movable property"
(1) Where, in any suit, it becomes necessary to sell any
movable property which is in the custody of the Court
pending the determination of the suit and which cannot be
conveniently preserved, the Court may, if, for reasons to be
recorded, it is of opinion that it is necessary or expedient
in the interests of justice so to do, issue a commission to
such person as it thinks fit, directing him to conduct such
sale and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in
relation to a Commissioner appointed under this rule as they
apply in relation to a Commissioner appointed under rule 9.
(3) Every such sale shall be held, as far as may be, in
accordance with the procedure prescribed for the sale of
movable property in execution of a decree.