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In a civil suit, what is the status of a report filed by a court-appointed commissioner after a local…

Order XXVI rule 10(2) makes the report and the evidence taken with it part of the evidence and record in the suit. The court may examine the commissioner, and a party may do…

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In a civil suit, what is the status of a report filed by a court-appointed commissioner after a local investigation under Order XXVI of the Code of Civil Procedure, 1908?

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Correct answer C

Order XXVI rule 10(2) makes the report and the evidence taken with it part of the evidence and record in the suit. The court may examine the commissioner, and a party may do so with the court’s permission.

Option feedback

Option A

Rule 10(2) makes personal examination available, but it is not a precondition to the report’s evidentiary status.

Option B

Rule 10(2) makes the report evidence and part of the record by operation of the rule.

Option C

Rule 10(2) expressly makes the report evidence in the suit and part of the record.

Option D

Rule 10(2) imposes no consent requirement for the local investigation report.

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