Rule 10A of CPC : Rule 10A: Commission for scientific investigation.
CPC
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Explanation using Example
Example 1:
Case: Property Dispute Involving Structural Integrity
Scenario: Mr. Sharma and Mr. Verma are neighbors in a residential area in Delhi. Mr. Sharma files a suit against Mr. Verma, claiming that the construction of Mr. Verma's new building has weakened the structural integrity of his own house. Mr. Sharma alleges that the vibrations from the construction have caused cracks in his walls.
Application of Rule 10A: The court recognizes that determining the cause of the structural damage requires a scientific investigation, which cannot be conveniently conducted in the courtroom. Therefore, the court issues a commission to a qualified structural engineer to investigate the matter. The engineer is directed to inspect both properties, analyze the construction methods, and report back to the court on whether Mr. Verma's construction has indeed caused the damage to Mr. Sharma's house.
Example 2:
Case: Environmental Pollution Dispute
Scenario: A group of residents in a village near Mumbai files a suit against a local factory, alleging that the factory's waste disposal practices are polluting the local river, which is their primary source of water. The residents claim that the pollution has led to health issues and environmental degradation.
Application of Rule 10A: The court acknowledges that the case involves complex scientific questions regarding water pollution and its effects. The court decides to issue a commission to an environmental scientist with expertise in water pollution. The scientist is tasked with collecting water samples from the river, analyzing the levels of pollutants, and determining whether the factory's waste disposal practices are responsible for the contamination. The scientist's report will help the court make an informed decision on the matter.