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Code of Civil Procedure, 1908 Rule 10A to 10C - Bare Act

StateCentral Government
Year
Section TitleCommissions for Scientific Investigation, Performance of Ministerial Act and Sale of Movable Property
Act Info:

1[Commissions for scientific investigation, performance of ministerial act and sale of movable property]

10 A. Commission for scientific investigation

( 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 hi m 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 .

10B . 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 hi m 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 .

10 C. 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 hi m 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.]

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1. Inserted by Act 104 of 1976, section 75(iv) (w.e.f. 1-2-1977).




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