Regarding local commissioner report

Order 26 Rule 10 – Procedure of Commissioner

(1) The Commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the Court.

(2) Report and depositions to be evidence in suit. Commissioner may be examined in person – The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open Court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation. –

(3) Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further inquiry to be made as it shall think fit.

Commissions for scientific investigation, performance of ministerial act and sale of movable property.

No need to get party signatutes , he has already placed on notice both of the parties to be presant on inpection day.

If you are not satisfied with the report submitted by the advocate commissioner, you can file your objection to it and challenge the same.

The commissioner can clearly depose before court stating that the party did not sign or refused to sign the papers after completion of commission.

Hence this will not be a vital point to make the commissioner's report fatal.

Sir actually the opposition party lawyer is saying that sign of both parties are not there. Although he has attached photograph of the opposition party clicked during inspection.can we use Order 26 Rule 10 in such case ?