( 1 ) THE question which has been referred for consideration of the Full Bench is:

"whether or not the entire evidence in a suit can be referred to a Commissioner even without consent and even in cases where the Suit is not very old and there is no grave urgency or peculiar circumstance requiring such a course to be followed".

( 2 ) THIS question was referred to thefull Bench because it was found that using Chapter X-A of the Delhi High Court (Original Side) Rules, 1967 some Courts were referring the entire evidence in suits to Local Commissioners even without the consent of parties and even though the matters were not very old and/or there were no special circumstances requiring such a course to be followed. Chapter X-A reads as follows :

EVIDENCE on Commission at Court s Discretion

COMMISSION to examine parties and Witnesses :- Notwithstanding anything contained in Order XXVI of the Code of Civil Procedure 1908, the Court may, at its discretion, in any suit, at any stage, direct that the parties and witnesses be examined on Commission The evidence recorded on commission shall be read as evidence in the suit. "

( 3 ) AT this stage itself it must be clarified