ORDER XXVI COMMISSION TO EXAMINE ACCOUNTS - RULE 11, 12 COMMISSION TO MAKE PARTITIONS - RULE 13, 14 OF CODE OF CIVIL PROCEDURE 1908

What is Commission to examine or adjust accounts? What is the meaning Court to give Commissioner necessary instructions? What is Commission to make partition of immovable property? What is Procedure of Commissioner? Rule 11, 12, 13 and 14 of Order XXVI of Code of Civil Procedure 1908

Commission to examine or adjust accounts, Court to give Commissioner necessary instructions, Commission to make partition of immovable property and Procedure of Commissioner are defined under Rule 11, 12, 13 and 14 of Order XXVI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Commission to examine Accounts

Rule 11 Order XXVI of Code of Civil Procedure 1908 "Commission to examine or adjust accounts"

In any suit in which an examination or adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit directing him to make such examination or adjustment.

Rule 12 Order XXVI of Code of Civil Procedure 1908 "Court to give Commissioner necessary instructions"

(1) The Court shall furnish the Commissioner with such part of the proceedings and such instructions as appear necessary, and the instructions shall distinctly specify whether the Commissioner is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his examination.

(2) Proceedings and report to be evidence. Court may direct further inquiry-The proceedings and report (if any) of the Commissioner shall be evidence in the suit, but where the Court has reason to be dissatisfied with them, it may direct such further inquiry as it shall think fit.

Commission to make Partitions

Rule 13 Order XXVI of Code of Civil Procedure 1908 "Commission to make partition of immovable property"

Where a preliminary decree for partition has been passed, the Court may, in any case not provided for by section 54, issue a commission to such person as it thinks fit to make the partition or separation according to the rights as declared in such decree.

Rule 14 Order XXVI of Code of Civil Procedure 1908 "Procedure of Commissioner"

(1) The Commissioner shall, after such inquiry as may be necessary, divide the property into as many shares as may be directly by the order under which the commission was issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award sums to be paid for the purpose of equalizing the value of the shares.

(2) The commissioner shall then prepare and sign a report or the Commissioners (where the commission was issued to more than one person and they cannot agree) shall prepare and sign separate reports appointing the share of each party and distinguishing each share (if so directed by the said order) by metes and bounds. Such report or reports shall be annexed to the commission and transmitted to Court; and the Court, after hearing any objections which the parties may make to the report or reports, shall confirm, vary or set aside the same.

(3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance with the same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a new commission or make such other order as it shall think fit.

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