Application to issue commission
Sanjeev Srivastava
(Querist) 25 February 2015
This query is : Resolved
Respected experts,
In a civil court case, disposal of 6c ( temporary injunction) has to be decided on 2nd March 2015. The court had asked both parties to submit written arguments on 19th feb’ 2015. We are respondents in the case and have submitted our written arguments in the court but the other side is trying to keep this issue pending. Their advocate has asked for the time to submit an application to send the case to commission.
I request you to kindly explain the meaning of sending the case to commission.
An early response shall be highly appreciated.
Thanking you,
Sanjeev
Anirudh
(Expert) 25 February 2015
Commission means appointment of an Advocate as a Local Commissioner, who has to visit the site and to give his report about the factual things as appearing in the site.
R.K Nanda
(Expert) 25 February 2015
no more to add.
Rajendra K Goyal
(Expert) 25 February 2015
Commission is process of appointing representative by the court to visit the site and submit report.
Sanjeev Srivastava
(Querist) 25 February 2015
Thanks very much experts.
However I would like to understand the following:
1. An ameen had already visited the site on the orders of the court. The court passed on an temporary injunction order and prohibited the respondents to enter, sell, transfer etc. Is this not the same thing as appointing commissioner? If yes then should plantif's application for appointing a commissioner not be turned down the court. please guide.
Regards,
Sanjeev
