3.
4.
5.
6.
(1)
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 profits or damages, 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.
In any suit in which an examination or adjustment of accounts is necessary6, the Court
may issue a commission to such person as it thinks fit directing him to make such
examination or adjustment.
The Court shall give to the Commissioner 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 to the Court his own
opinion on the point referred for his examination.
(1)
Where a preliminary decree for partition of immovable property has been passed
the Court may issue a commission to such person as it thinks fit to report to the
best method of effecting a partition and what sum of money, if any, ought to be
paid for equality of partition by a co-owner to any other co-owner.
(2) The Commissioner shall, after considering the proposals for partition, if any, made
by the parties, submit his report in writing to the Court.
(3) The Court after hearing any objections which the parties may make to the report,
shall confirm, vary or set aside the report.
(4) Where the Court confirms or varies the report it shall pass a decree in accordance
with the report as confirmed or varied; where the Court sets aside the report it shall either
issue a new commission or make such other order as it thinks fit.
7.
(1)
If a commission is issued under rule 3, 4 or 6 the proceedings and report of the
Commissioner shall be evidence in the suit and shall form part of the record
but if the Court has reason to be dissatisfied with them, it may direct further
inquiry as it thinks fit.
(2)
The Court either of its own motion or on the application of any of the parties may
examine the Commissioner in a closed Court, touching any of the matters
mentioned in his report or as to the manner in which he has made the
investigation.
8.
The Court may, in the cases provided for in rule 3, 4 or 6, issue a commission to more
than one person, and in that event, if the Commissioner cannot agree, they shall prepare
and sign separate reports.
9.
Before issuing any commission under this order, the Court may order such sum as it
thinks reasonable towards the expenses of the commission and the remuneration of the
Commissioner to be, within a time to be fixed, paid into Court by the party at whose
instance or for whose benefit the commission is issued.
76
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