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The Code of Civil Procedure, 1908: page 186

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 186, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                               Commissions to make partitions
    13. Commission to make partition of immovable property.—Where a preliminary decree for partition
has been passed, the Court may, in any case not provided for by section 54, issue a commission to such
person as it thinks fit to make the partition or separation according to the rights as declared in such decree.
    14. Procedure of Commissioner.—(1) The Commissioner shall, after such inquiry as may be necessary,
divide the property into as many shares as may be directly by the order under which the commission was
issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award
sums to be paid for the purpose of equalizing the value of the shares.
    (2) The commissioner shall then prepare and sign a report or the Commissioners (where the
commission was issued to more than one person and they cannot agree) shall prepare and sign separate
reports appointing the share of each party and distinguishing each share (if so directed by the said order) by
metes and bounds. Such report or reports shall be annexed to the commission and transmitted to the Court;
and the Court, after hearing any objections which the parties may make to the report or reports, shall
confirm, vary or set aside the same.
    (3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance with
the same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a
new commission or make such other order as it shall think fit.
                                             General provisions
    15. Expenses of commission to be paid into court.—Before issuing any commission under this
                                                                        e
Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission
                                                                   od
to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the
commission is issued.
                                                             aC
    16. Powers of commissioners.—Any commissioner appointed under this Order may, unless
otherwise directed by the order of appointment,—         di
        (a) examine the parties themselves and any witness whom they or any of them may produce, and
                                                       In
    any other person whom the Commissioner thinks proper to call upon to give evidence in the matter
    referred to him;
         (b) call for and examine documents and other things relevant to the subject of inquiry;
         (c) at any reasonable time enter upon or into any land or building mentioned in the order.
    1
     [16A. Questions objected to before the Commissioner.—(1) Where any question put to a witness is
objected to by a party or his pleader in proceedings before a Commissioner appointed under this Order, the
Commissioner shall take down the question, the answer, the objections and the name of the party or, as the
case may be, the pleader so objecting:
    Provided that the Commissioner shall not take down the answer to a question which is objected to on
the ground of privilege but may continue with the examination of the witness, leaving the party to get the
question of privilege decided by the Court, and, where the Court decides that there is no question of
privilege, the witness may be recalled by the Commissioner and examined by him or the witness may be
examined by the Court with regard to the question which was objected to on the ground of privilege.
     (2) No answer taken down under sub-rule (1) shall be read as evidence in the suit except by the order
of the Court.]
     17. Attendance and examination of witnesses before Commissioner.—(1) The provisions of this Code
relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and
penalties to be imposed upon, witnesses, shall apply to persons required to give evidence or to produce
documents under this Order whether the commission in execution of which they are so required has been
issued by a Court situate within or by a Court situate beyond the limits of 2[India], and for the purposes of
this rule the Commissioner shall be deemed to be a Civil Court:




1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).
2. Subs. by Act 2 of 1951, s. 3, for “the States”.


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