Procedure followed by court commissioner for asking questions in Court


Sir, My questions is After providing Yes / No answer before the court appointed commissioner, Neither the petitioners counsel nor the commissioner allow us to give explanation for the answer. Please tell me the procedure to be maintained by the Petitioners counsel, commissioner and the defendant with related law reference. If the commissioner not given a chance to explain my stand can i complaint the same to anyboddy?

Answers (4)


268 votes

Hello,

You have every right to substantiate about the questions made by the opposite counsel and the commissioner appointed in this regard cannot refuse to write down additional information which is given by you in answer to a question made by the opposite counsel. The taking down of evidence is not merely yes or no but a detailed one. If the opposite counsel does not allows you to add further information on a question made by him, you can ask the commissioner to include the further statements made by you in answer to the question. If the commissioner fails to write down the same, you can ask your counsel or if you have not engaged a counsel you can, file an affidavit before the respective court showing details


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239 votes

There is no hard and fast rule in this context; neither the Commissioner nor the petitioner's counsel can dictate terms to the witness. The witness always has the discretion to volunteer to depose additional information.

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143 votes

You can give explaination for your answers. The commissioner is bound to take down your explaination. If he is not willing to do that. You can approach the court and report the same to the court and seek for changing the commissioner

214 votes

Usually the courts appoint commissioners for local inspections and for taking oral evidence of parties or witnesses. From your question it is not clear for which purpose the commissioner was appointed in your case.
Presuming your question is related to the commission for taking oral evidence of parties or witnesses, am giving this answer.
You can can very much file objection to the report filed by the commissioner stating all these facts and If you can convince the court your injury, you can hope for favorable and appropriate orders.

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