My husband the petioner had appointed for advocate commissioner

736 votes

Namaste, Yes you can object and you should do so without delay because your right to cross examine your husband as PW1 is a valuable right and evidence recorded behind your back cannot ordinarily be used against you When a court appoints an Advocate Commissioner to record evidence under Order XVIII Rule 4 and Order XXVI of the Code of Civil Procedure the Commissioner is bound to fix the date time and place and give prior notice to both sides as required under Order XXVI Rule 18 Only when a party fails to appear despite proper notice can the Commissioner proceed in her absence If no notice was served on you or your advocate the proceedings suffer from a clear violation of natural justice Before the next hearing please take these steps First obtain certified copies of the order appointing the Commissioner the Commission warrant and the Commissioner report once filed and check whether any notice was sent to your advocate and on what date Second file written objections to the Commissioner report stating that no notice was received and that you were denied the opportunity to cross examine PW1 Third along with the objections file a petition under Section 151 CPC seeking a direction to the Commissioner or the court to permit you to cross examine PW1 afresh or to recall PW1 for cross examination Courts generally allow this where denial of opportunity is shown and the request is made promptly Do not wait until the report is accepted as delay may be treated as waiver If you feel your present advocate is not protecting your interest you are free to engage another advocate after obtaining a no objection or by filing a fresh vakalat with leave of the court To advise you precisely I would need to know whether the order appointing the Commissioner was passed in the presence of your advocate whether the cross examination is shown as closed or nil in the report and whether the matter is pending before a Family Court or a Civil Court

Advocate Naresh Gaddapati LawRato

829 votes

Yes. You can raise an objection, particularly if neither you nor your advocate was given proper notice of the appointment/commission proceedings and you were denied a meaningful opportunity to participate in the cross-examination. In Family Court proceedings, CPC procedure generally applies. You should immediately file an objection/application before the Family Court, stating that the appointment of the Advocate Commissioner and recording of PW1 cross-examination were done without due notice, and seek appropriate relief regarding the Commissioner’s report/proceedings and an opportunity to conduct the cross-examination. The fact that your advocate failed to object earlier does not by itself automatically validate every procedural irregularity; the Court will examine the actual record and prejudice caused. First obtain the appointment order, Commissioner’s proceedings/report and docket order. Based on those documents, the objection can be drafted strongly and specifically.

Advocate Pavani Kumari LawRato

730 votes

Yes’s mam you can object it and inform to the court you had not received any notice ….Appointing advocate commissioner without your prior permission is not possible as the respondent you have to receive the notice from the petitioner then adv commissioner report can be submitted

Advocate Santhoshi Kumari P LawRato

947 votes

Yes, you can object if the Advocate Commissioner was appointed without proper notice to you and you were not given an opportunity to be heard. However, the exact position depends on the order appointing the Commissioner and the stage of the proceedings. Please share the appointment order and latest order sheet; we can check whether an objection or recall application is appropriate.

Advocate Mrudhula Jahnavi LawRato

756 votes

In general situations the concern advocate will file an application to appoint an advocate commissioner for recording the evidence in some circumstances the court may also appoint the advocate commissioner Sumoto so in this type there will be no special notice will be given to you or you are advocate for appointment of the advocate Commissioner if the court itself appoints the advocate commissioner the commissioner will give you an notice for execution of his warrant for conducting the cross-examination of your husband on the day you and your advocate should be present in the location at the time where the commission warrant is being executed and the next before the next hearing date this commission should be executed and the same will be filed as a report by the commissioner on the date of hearing

Advocate Tejaswi Punnamaraju LawRato