ORDER XXVI COMMISSION FOR LOCAL INVESTIGATIONS - RULE
9, 10, 10A, 10B, 10C OF CODE OF CIVIL PROCEDURE 1908
What are Commissions to make local investigations? What
is Procedure of Commissioner? What is Commission for
scientific investigations? Who will be in Commission for
performance of a ministerial act? How to constitute
Commission for the sale of movable property? Rule
9, 10, 10A, 10B and 10C of Order XXVI of Code of Civil Procedure 1908
Commissions to make local investigations, Procedure
of Commissioner, Commission for scientific
investigations, Commission for performance of a
ministerial act, Commission for the sale of movable
property are defined under Rule
9, 10, 10A, 10B and 10C of Order XXVI of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 9 Order XXVI of Code of Civil Procedure 1908 "Commissions
to make local investigations"
In any suit in which the Court deems a local
investigation to be requisite or proper for the purpose of
elucidating any matter in dispute, or of ascertaining the
market-value of any property, or the amount of any mesne
profits or damages or annual net profits, the Court may
issue a commission to such person as it thinks fit directing
him to make such investigation and to report thereon to the
Court:
Provided that, where the State Government has made rules as
to the persons to whom such commission shall be issued, the
Court shall be bound by such rules.
Rule 10 Order XXVI of Code of Civil Procedure 1908 "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.
Rule 10A Order XXVI of Code of Civil Procedure 1908 "Commission
for scientific investigations"
(1) Where any question arising in a suit involves
any scientific investigation which cannot, in the opinion of
the Court, be conveniently conducted before the Court, the
Court may, if it thinks it necessary or expedient in the
interests of justice so to do, issue a commission to such
person as it thinks fit, directing him to inquire into such
question and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall, as far as
may be, apply in relation to a Commissioner appointed under
this rule as they apply in relation to a Commissioner
appointed under rule 9.
Rule 10B Order XXVI of Code of Civil Procedure 1908 "Commission
for performance of a ministerial act"
(1) Where any question arising in a suit involves the
performance of any ministerial act which cannot, in the
opinion of the Court, be conveniently performed before the
Court, the Court may, if, for reasons to be recorded, it is
of opinion that it is necessary or expedient in the
interests of justice so to do, issue a commission to such
person as it thinks fit, directing him to perform that
ministerial act and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in
relation to a Commissioner appointed under this rule as they
apply in relation to a Commissioner appointed under rule 9.
Rule 10C Order XXVI of Code of Civil Procedure 1908 "Commission
for the sale of movable property"
(1) Where, in any suit, it becomes necessary to sell any
movable property which is in the custody of the Court
pending the determination of the suit and which cannot be
conveniently preserved, the Court may, if, for reasons to be
recorded, it is of opinion that it is necessary or expedient
in the interests of justice so to do, issue a commission to
such person as it thinks fit, directing him to conduct such
sale and report thereon to the Court.
(2) The provisions of rule 10 of this Order shall apply in
relation to a Commissioner appointed under this rule as they
apply in relation to a Commissioner appointed under rule 9.
(3) Every such sale shall be held, as far as may be, in
accordance with the procedure prescribed for the sale of
movable property in execution of a decree.
ORDER XXII DEATH, MARRIAGE AND INSOLVENCY OF PARTIES
What is the meaning of No abatement by party's death if
right to sue survives? What is the Procedure where one of
several plaintiffs or defendants dies and right to sue
survives? What is the Procedure in case of death of one of
several plaintiff or of sole plaintiff? What is the
Procedure in case of death of one of several defendants or
of sole defendant? What is Determination of question as to
legal representative? What is the meaning of No abatement by
reason of death after hearing? Rule
1, 2, 3, 4, 5 and 6 of Order XXII of Code of Civil Procedure 1908
What is the meaning of Suit not abated by marriage
of female party? When plaintiffs insolvency bars
suit? What is the Effect of abatement or dismissal?
What is the Procedure in case of assignment before
final order in suit? What is the Duty of pleader to
communicate to Court death of a party? What is
Application of Order to appeals? What is Application
of Order to proceedings? Rule
7, 8, 9, 10, 10A, 11 and 12 of Order XXII of Code of Civil Procedure 1908
ORDER XXIII WITHDRAWAL AND ADJUSTMENT OF SUITS
What is Withdrawal of suit or abandonment of part of
claim? Rule
1 of Order XXIII of Code of Civil Procedure 1908
ORDER XXIV PAYMENT INTO COURT
What is the meaning of Deposit by defendant of
amount in satisfaction of claim? What is Notice of
deposit? Is Interest on deposit not allowed to
plaintiff after notice? What is the Procedure where
plaintiff accepts deposit as satisfaction in part? Rule
1, 2, 3 and 4 of Order XXIV of Code of Civil Procedure 1908
ORDER XXV SECURITY FOR COSTS
When security for costs may be required front
plaintiff? What is the Effect of failure to furnish
security? Rule
1 and 2 of Order XXV of Code of Civil Procedure 1908
ORDER XXVI COMMISSIONS
What are the Cases in which Court may issue commission to
examine witness? What is Order for commission? Where witness
resides within Court's jurisdiction? Persons for whose
examination commission may issue? Process when Commission or
request to examine witness not within India? Is Court to
examine witness pursuant to Commission? What is Return of
commission with depositions of witnesses? When depositions
may be read in evidence? Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XXVI of Code of Civil Procedure 1908
What are Commissions to make local investigations? What is
Procedure of Commissioner? What is Commission for scientific
investigations? Who will be in Commission for performance of
a ministerial act? How to constitute Commission for the sale
of movable property? Rule
9, 10, 10A, 10B and 10C of Order XXVI 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
Is Expenses of commission to be paid into Court? What are
the Powers of Commissioners? What are the Questions objected
to before the Commissioner? Attendance and examination of
witnesses before Commissioner, Are Parties to appear before
Commissioner? Application of Order to execution proceedings,
Is Court to fix a time for return of commission? Rule
15, 16, 16A, 17, 18, 18A and 18B of Order XXVI of Code of Civil Procedure 1908
What are the cases in which High Court may issue commission
to examine witness? What is Application for issue of
commission? To whom commission may be issued? How to Issue,
execution and return of commissions, and transmission of
evidence to foreign Court? Rule
19, 20, 21 and 22 of Order XXVI of Code of Civil Procedure 1908
ORDER XXVII SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC
OFFICERS IN THEIR OFFICIAL CAPACITY
What are the
Suits by or against Government? Who are Persons authorised
to act for Government? What is Plaints in suits by or
against Government? What is the meaning of Agent for
Government to receive process? What is Fixing of day for
appearance on behalf of Government? Is Government to be
joined as a party in a suit against a public officer? What
is the Duty of Court in suits against the Government or a
public officer to assist in arriving at a settlement?
Attendance of person able to answer questions relating to
suit against Government, Extension of time to enable public
officer to make reference to Government, What is the
Procedure in suits against public officer? Is No security to
be required from Government or a public officer in certain
cases? What is Definitions of "Government" and "Government
pleader"? Rule
1, 2, 3, 4, 5, 6, 7, 8A and 8B of Order XXVII of Code of Civil Procedure 1908
ORDER XXVII A SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW
AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE
VALIDITY OF ANY STATUTORY INSTRUMENT
Notice to the Attorney General or the Advocate - General,
What is the Procedure in suits involving validity of any
statutory instrument? Court may add Government as party?
What is the Power of Court to add Government or other
authority as a defendant in a suit relating to the validity
of any statutory instrument? Costs, What is Application of
Order to appeals? Rule
1, 1A, 2, 2A, 3 and 4 of Order XXVII A of Code of Civil Procedure 1908
ORDER XXVIII SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR
AIRMEN
Can Officers, soldiers, sailors or airmen who cannot obtain
leave may authorize any person to sue or defend for them?
Person so authorized may act personally or appoint pleader,
Service on person so authorized, or on his pleader, to be
good service? Rule
1, 2 and 3 of Order XXVIII of Code of Civil Procedure 1908
ORDER XXIX SUITS BY OR AGAINST CORPORATIONS
What is Subscription and verification of pleading? How
Service on corporation? What is Power to require personal
attendance of officer of corporation? Rule
1, 2 and 3 of Order XXIX of Code of Civil Procedure 1908
ORDER XXX SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON
BUSINESS IN NAMES OTHER THAN THEIR OWN
How is Suing of partners in name of firm? Disclosure of
partners' names, Service, What are the Rights of suit on
death of partner? Notice in what capacity served? Appearance
of partners, No appearance except by partners, What is
Appearance under protest? Suits between co-partners, Suit
against person carrying on business in name other than his
own ? Rule
1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Order XXX of Code of Civil Procedure 1908
