Rule 10B of CPC : Rule 10B: Commission for performance of a ministerial act.

Explanation using Example

Example 1:

Scenario: Property Boundary Dispute

Context: Rajesh and Suresh are neighbors in a village in Maharashtra. They have a dispute over the exact boundary line between their properties. Both parties have presented their own versions of the boundary, supported by old documents and local witnesses. The court finds it difficult to ascertain the boundary based on the documents alone.

Application of Rule 10B: The court decides that a local investigation is necessary to resolve the dispute. It issues a commission to a local surveyor, Mr. Sharma, directing him to visit the site, measure the properties, and determine the boundary line based on the available documents and physical markers. Mr. Sharma is instructed to prepare a detailed report and submit it to the court.

Outcome: Mr. Sharma conducts the survey, prepares a report with precise measurements and boundary markers, and submits it to the court. The court uses this report to make a final decision on the boundary dispute, ensuring a fair resolution based on accurate and impartial information.

Example 2:

Scenario: Assessment of Damages in a Construction Dispute

Context: A construction company, ABC Builders, is sued by a client, Mr. Verma, for poor workmanship and delays in completing a residential project in Delhi. Mr. Verma claims significant financial losses due to the delays and substandard construction quality. The court needs to assess the extent of the damages and the quality of the construction work.

Application of Rule 10B: The court finds that it is not feasible to assess the construction quality and damages within the courtroom. Therefore, it issues a commission to an experienced civil engineer, Ms. Gupta, directing her to inspect the construction site, evaluate the quality of work, and estimate the financial losses incurred by Mr. Verma. Ms. Gup...

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