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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