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The Code of Civil Procedure, 1908: page 185

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 185, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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   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.
    10. 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.—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
    10A. Commission for scientific investigation.—(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.                                                           e
                                                               od
   (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.
                                                          aC
     10B. 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
                                                        di
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
                                                  In
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.
     10C. 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.]
                                         Commissions to examine accounts
    11. Commission to examine or adjust accounts.—In any suit in which an examination or
adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit
directing him to make such examination or adjustment.
     12. Court to give Commissioner necessary instructions.—(1) The Court shall furnish the
Commissioner with such part of the proceedings and such instructions as appear necessary, and the
instructions shall distinctly specify whether the commissioner is merely to transmit the proceedings which
he may hold on the inquiry, or also to report his own opinion on the point referred for his examination.
    (2) Proceedings and report to be evidence. Court may direct further inquiry.—The proceedings
and report (if any) of the Commissioner shall be evidence in the suit, but where the Court has reason to be
dissatisfied with them, it may direct such further inquiry as it shall think fit.


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

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