Regarding o.26,rule.9 of cpc
Adv M.D.Azhar
(Querist) 11 May 2012
This query is : Resolved
Respected sir, we have filed first punchnama application in the court under o.26,rule.9,(court comissioner), but the defendents advocate raised objection for the said application so, is there any authority regarding the said provision to grant such application.
Raj Kumar Makkad
(Expert) 11 May 2012
Either of the parties can raise the objections over the report of the commissioner and it is the court which has to decide the objections and if this is accepted then another commissioner may be got appointed otherwise the report of the earlier commissioner shall not be taken into consideration if the same is not according to rules.
ashutosh mishra
(Expert) 11 May 2012
Generally factual aspect of a commissioner report is confirmed subject to evidence of parties unless some serious flaw is found in
the report.
MohammedRaffiq Bijapur
(Expert) 11 May 2012
It is the right of the other side to file/raise objection. if ur application is bonafide u need not to worry. It all depends on the facts and circumstances of the case. The application must not be for purpose of collection of evidence.
R.K Nanda
(Expert) 11 May 2012
Argue ur said application strongly in court and court can allow it.
MohammedRaffiq Bijapur
(Expert) 11 May 2012
It is right of the other side to file/raise objection. If ur application is bonafide u need not worry. The court will see that whether the appoint of commissioner is required for efficacious adjudication. The application must not be for collection of evidence.
Shonee Kapoor
(Expert) 11 May 2012
Agreed with advise rendered.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
N.K.Assumi
(Expert) 12 May 2012
Well said and done.
V R SHROFF
(Expert) 13 May 2012
Court commission must not be for collection of evidence. Opp parrty can Object, and court may allow such objection if only purpose to gather evidence,
Adv M.D.Azhar
(Querist) 13 May 2012
thanks a lot, all the expert.
