AI Overview...
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Process for Appointment of Advocate Commissioner - Main Points and Insights:
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Legal Framework: The appointment is governed primarily by Order 26 Rule 9 of the Civil Procedure Code (CPC), which empowers courts to appoint an Advocate Commissioner to assist in proceedings, especially for technical or investigative tasks such as evaluating property or conducting surveys S. Palanisamy Gounder VS N. Palanisamy - Madras, K. Dayanand VS P. Sampath Kumar - Andhra Pradesh.
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Procedural Requirements: The court must follow procedural rigor when appointing an Advocate Commissioner, including recording its satisfaction and ensuring the appointment is justified based on the facts of the case. The court's discretion is exercised within the bounds of the law, and failure to follow proper procedure can be a ground for appeal or revision A.Kirupakaran vs Chennai Metropolitan Development Authority, Corporation Of Chennai, Sakthi Towers Owners' Association, M/s Sakthi Builders - Madras, Swastik Assam Real Estate Pvt. Ltd. VS Ratan Raha - Gauhati.
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Application and Consideration: The party seeking appointment must make a formal application, and the court evaluates whether the appointment is necessary for the proper adjudication of the case. The court may consider objections raised by parties, especially regarding the appointment or reports of the Advocate Commissioner NARAYANAN S0 -DO vs AJITHA SO -DO - Kerala.
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Limitations and Role: Advocate Commissioners are appointed to assist the court by performing specific functions like surveying, partition, or evaluation, not to decide issues independently. Their reports are subject to scrutiny, and objections can be raised against them Hazarat Thable Aalam Badusha Natharvali, Dargah rep by its Representatives (i) A. B. D. Badusha (ii) S. Mohammed Mydeen (iii) M. R. Jabarullakhan (iv) Syed Gulam Rasool VS F. Syed Ameenudeen - Madras, P SHAMSEER vs CHOORAPPILAN JAMEELA, SUBAIR - Kerala.
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Discretion and Judicial Oversight: The appointment is discretionary; courts are required to consider the nature of the case, necessity, and procedural correctness. The courts have emphasized that the appointment should not be made arbitrarily and must adhere to procedural mandates such as recording satisfaction and proper application of Rules Selvi VS Dorathy Paul - Madras.
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Analysis and Conclusion:
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The appointment of an Advocate Commissioner under Order 26 Rule 9 CPC is a procedural step that requires adherence to specific legal protocols, including proper application, judicial satisfaction, and consideration of objections. Courts must exercise discretion judiciously, ensuring procedural compliance to uphold fairness and legality. Failure to follow these procedures can lead to orders being challenged or set aside on appeal or revision A.Kirupakaran vs Chennai Metropolitan Development Authority, Corporation Of Chennai, Sakthi Towers Owners' Association, M/s Sakthi Builders - Madras, S. Palanisamy Gounder VS N. Palanisamy - Madras.
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Overall, the process involves a formal application, judicial evaluation of necessity, adherence to procedural rules, and the opportunity for parties to object or challenge the appointment or report, thereby maintaining the integrity of judicial proceedings CHAKKIPARAMBATH ABDULASHEED vs CHENAKKAL JUMAATH PALLI PARIPALANA COMM - Kerala.
References: - CPC Order 26 Rule 9 S. Palanisamy Gounder VS N. Palanisamy - Madras, K. Dayanand VS P. Sampath Kumar - Andhra Pradesh, A.Kirupakaran vs Chennai Metropolitan Development Authority, Corporation Of Chennai, Sakthi Towers Owners' Association, M/s Sakthi Builders - Madras - General principles on appointment procedures and judicial discretion NARAYANAN S0 -DO vs AJITHA SO -DO - Kerala, P SHAMSEER vs CHOORAPPILAN JAMEELA, SUBAIR - Kerala - Case law emphasizing procedural rigor and proper application of Rules Swastik Assam Real Estate Pvt. Ltd. VS Ratan Raha - Gauhati, Selvi VS Dorathy Paul - Madras
Search Results for "Process for Appointing an Advocate Commissioner as Per Cpc Order 26 Rule 9"
2016 0 Supreme(Mad) 3442 • India - Madras
V.M.VELUMANI
infirmity in appointing advocate commissioner for conducting election-dismissal of revision ... Civil Procedure Code, 1908, Order 26, Rule 1 -After all the facts are being considered Ld. ... Judge appointed Advocate Commissioner for conducting election-directions issued to commissioner-term of second petitioner expired-no ... The learned Judge failed to follow the procedure laid down in Order #HL....
2025 Supreme(Online)(Mad) 59339 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
an Advocate Commissioner without requisite evidential process. ... (Paras 1-12) ... ... (B) Advocate Commissioner - The role and limitations of an Advocate Commissioner ... ... ... Ratio Decidendi: The court underscored the necessity of following procedural rigor, indicating that appointing an Advocate ... The correct procedure, according to me, is when a party who seeks for appointment of an Advocate #HL_START....
2018 0 Supreme(Gau) 1427 • India - Gauhati
KALYAN RAI SURANA
Rule 9, of Order XVIII Rule 3A ,Rule 230 (1) (c), Rule 230 and Rule 237 - Permanent injunction prohibiting - Declaration that all ... Rule Civil Procedure Code and it is also seen that while ordering appointment of Commissioner trial Court had not recorded its satisfaction ... Constitution of India, 1950 - Article 227 - Civil Procedure Code , 1908 - Order XXVI Rule#HL_E....
2006 0 Supreme(Mad) 3507 • India - Madras
V.DHANAPALAN
Code of Civil Procedure (5 of 1908), Order 26, Rule 9 - Appointment of Advocate Commissioner-Primary object in appointing Advocate ... Commissioner is to guide Court in arriving at proper conclusion - Serious error of law committed by Lower Appellate Court when trial ... It is to be noted here that Order 26, Rule 9, CPC empowe....
2014 0 Supreme(AP) 1317 • India - Andhra Pradesh
A.V.SESHA SAI
- Court below in considered opinion of this Court is perfectly justified in appointing Advocate Commissioner and that said order ... Rules of Civil Procedure Code for appointment of Advocate Commissioner for noting down physical features of suit schedule property ... Civil law – Civil suit - Civil Procedure Code - Section 151 - Order XXVI Rules 1 and 9 - Constitution of ... of the disputed land, it was appropriate ....
2013 0 Supreme(Mad) 1295 • India - Madras
M.VENUGOPAL
Advocate Commissioner - Land Dispute - Order 26 Rule 9 of Civil Procedure Code - The court discussed the appointment of an Advocate ... Commissioner, directing the trial court to consider appointing a new Advocate Commissioner and to dispose of the main suit within ... Ratio Decidendi: The court emphasized the discretionary nature of appointing an Adv....
2011 Supreme(Online)(KER) 47377 • India - High Court of Kerala
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
An advocate commissioner was appointed to partition the properties, leading to a final decree which the defendants challenged. ... Partition - Civil Procedure - Order 26 Sections 13, 14 - Court analyzes obligations of Local Commissioners in executing partition ... Issues: Whether the Sub Court erred in not considering the defendants' objections to the advocate commissioner's report and ... The appointment of Local Commissioner for partition of immovable property afte....
2025 Supreme(Online)(Ker) 45729 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
evaluation by an advocate commissioner, reinforcing the tenant's right to challenge. ... (Para 10) ... ... Facts of the case: ... The petitioner challenged the dismissal of his application for appointing ... a commissioner to evaluate improvements made while operating a petrol bunk in leased premises. ... During the pendency, the petitioner, being the defendant, also filed an application under Order 26 Rule 9 of C.P.C. for #HL_ST....
2022 3 Supreme 395 • India - Supreme Court
A. M. KHANWILKAR, C. T. RAVIKUMAR
(Paras 23 and 26) (B) Civil Procedure Code, 1908 – Order 26 Rule 9 – Securitisation and Reconstruction of Financial ... Possession of secured asset – Advocate Commissioner is not a new concept – Advocates are appointed as Court Commissioner to perform ... diverse administrative and ministerial work as per provisions of Code of Civil Procedure and Code of Criminal Procedure – An #....
2012 Supreme(Online)(KER) 24989 • India - High Court of Kerala
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
Fact of the Case: A third party member filed a revision against a Wakf Tribunal order appointing an Advocate Commissioner ... Commissioner for conducting elections was scrutinized under the provisions of Order 1 Rule 8 of the Civil Procedure Code, focusing ... Issues: Whether the compromise reached in the Wakf Tribunal process followed the necessary legal protocols under Order 1 Rule ... When t....
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