IA for appointment of second commissioner by Court
10-Jan-2023 (In Civil Law)
Hi, when the first IA findings was objected by the respondents, the judge has passed a new IA with order 26 rule 9(CPC) as on the trial day my lawyer was not available and my dad misunderstood the question asked by the judge whether a petition can be allowed and he thouht that if there is objections in the report submitted and since he said no and without knowing he signed the petition accpetance. The court has opened a new IA. My question is whether the court allow a second commissioner and scrap the first one or it should direct the first commissioner to reassess only the respondents objections on certain points and submit as a supplementary? pls help
If your father had actually signed it even on misunderstanding the contents he cannot go back. The court has powers to appoint a second commissioner and whether it will nullify the previous commissioner's report or not will depend on the facts and contents of the IA.
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