The Commissioner appointed under the provisions of Order XVIII of the Code of Civil Procedure, 1908 for…

Under Order XVIII, Rule 4(2) of the Code of Civil Procedure, 1908, the evidence (cross-examination and re-examination) of a witness whose evidence-in-chief has been furnished by affidavit may be taken either by the Court or by the Commissioner appointed by it. However, under the proviso to Order XVIII, Rule 4(4) of the Code of Civil Procedure, 1908, where any question put to a witness is objected to by a party or his pleader in proceedings before a Commissioner, the Commissioner shall take down the question, the answer, the objection, and the name of the person making it, but shall not decide the objection; such objections are to be decided by the Court at the stage of arguments. Therefore, the Commissioner cannot decide objections raised during the recording of evidence.