Order of civil court for appointment of court commissioner

Querist : Anonymous (Querist) 21 March 2019 This query is : Resolved
Sir, In an FDP proceedings the Respondents refused to take the court summons and on the day fixed did not appear before the Court. they placed exparte and then the court was pleased to passed an order on I.A U/o 26 Rule 10 of CPC by allowing it and Court commissioner was appointed. Subsequently on board application the Respondents filed IAs to set aside previous order as well as recall order of appointment of court commissioner under Sec 151 of CPC.

whether court can recall its own order passed under order 26 rule 10 of CPC

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Guest (Expert) 21 March 2019
It is their Right to file such Petitions/Pleadings and the Court would decide.

Vijay Raj Mahajan (Expert) 21 March 2019
The court will decide the IA of the respondent on the ground mentioned there for setting aside ex-parte proceedings made against it.

As far order made under O26R10 CPC is concerned that too can be set aside or kept on hold, if ex-parte proceedings are set aside, the respondent is allowed to defend the proceedings, file written statement in his defense and participate in further proceedings in the case.

As far appointed of court commissioner issue for recording evidence is concerned that can be decided again or allowed if both parties agree for it.

Dr J C Vashista (Expert) 22 March 2019
You are appearing for DH or JD ?
As JD move appropriate application(s) for recall of order and setting aside exparte order.

SHIRISH PAWAR, 7738990900 (Expert) 22 March 2019
Defendant can file any application but you have to contest each application every time. Court will decide the application based on merits of the case.

Order of civil court for appointment of court commissioner

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