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Neeraj Kaushal (Advocate )     28 August 2024

L.c report

I have filed an application under order 26 rule 9 of cpc before court and same was accepted   L. C was appointed. He submitted his report. Now my case is fixed for plaintiff evidence. I want to exhibit that report in my evidence. Whether without calling the L.C as witness that report can be exhibited. If yes then how. 



Learning

 3 Replies

P. Venu (Advocate)     28 August 2024

Are you representing the plaintiff or the defendant? Any how,, you can request through the prrof affidvit that the  commission report be taken or record and marked. It is the discretion of the Court whether the document be recorded subject to proof or otherwise. in the former case, the commissioner-advocate needs to be examined.

Neeraj Kaushal (Advocate )     28 August 2024

I am for plaintiff. I have no objection regarding LC report. But i don't want to give opportunity to cross examine the L.C by defendant because if I will call him then he will get opportunity to cross examine the L.C.And if L.c give any contradict statement then it will effect my case. But i want to exhibit its report without calling him as witness. 

T. Kalaiselvan, Advocate (Advocate)     28 August 2024

There is no infirmity for you to examine the advocate commissioner about his reports submitted to the court.

The advocate commissioner will mark the documents he relies upon before the court which will be marked as docuemtns from court side.

Though you can decide about examining the advocate commisisoner, you cannot curtail the rights of the defendant who may like to cross exmine the advocate commissioner.


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