Rule 10 of CPC : Rule 10: Procedure of Commissioner.

CPC

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Explanation using Example

Example 1:

Scenario: Property Boundary Dispute

Context: Mr. Sharma and Mr. Verma are neighbors in a residential area in Delhi. They have a dispute regarding the boundary line between their properties. Mr. Sharma claims that Mr. Verma has encroached on his land by building a wall that extends into his property.

Application of Rule 10:

  1. Appointment of Commissioner: The court appoints a Commissioner to conduct a local investigation to determine the exact boundary line.
  2. Local Inspection: The Commissioner visits the site, inspects the properties, and measures the boundary lines.
  3. Evidence Collection: The Commissioner interviews both parties and any witnesses, and records their statements in writing.
  4. Report Submission: The Commissioner prepares a detailed report, including the measurements, observations, and evidence collected, and submits it to the court.
  5. Court Proceedings: The report and the evidence collected by the Commissioner are presented in court. The court may call the Commissioner to testify in person to clarify any points in the report or the manner of investigation.
  6. Further Inquiry: If the court is not satisfied with the Commissioner's report, it may order a further inquiry or appoint a new Commissioner to re-investigate the matter.

Example 2:

Scenario: Dispute Over Agricultural Land Usage

Context: In a village in Punjab, there is a dispute between two farmers, Mr. Singh and Mr. Kaur, over the usage of a piece of agricultural land. Mr. Singh claims that Mr. Kaur has been using the land for purposes other than what was agreed upon, affecting the irrigation system.

Application of Rule 10:

  1. Appointment of Commissioner: The court appoints a Commissioner to investigate the usage of the disputed land.
  2. Local Inspection: The Commissioner visits the agricultural land, inspects the irrigation system, and observes the current usage of the land.
  3. Evidence Collection: The Commissioner takes written statements from both farmers and any other relevant witnesses, such as neighboring farmers or local ...

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