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Appointment of Court Commissioner


01-Aug-2023 (In Civil Law)
I filed a suit against my neighbour on 28th July. Court appointed a court commissioner. He got warrant to visit the site the previous evening of 31st July and visited the site the next day afternoon on 1st August. After enquiring us he also enquired the opposite party who objected him visiting the site. The summon I understand will only be delivered on 2nd August. Him visiting the site with warrant but before summon being issued to defendant is correct or wrong?
Answers (1)

Answer #1
589 votes
It is correct. An Advocate Commissioner is empowered to execute his warrant after giving due notice to both parties. His visit after serving notice on both sides is proper and legal way. Service of notice is essential, if notice is not served on both parties prior to visit, then it goes against the principles of natural justice.
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