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Bare acts > Code of Civil Procedure, 1908 > Order 26 Rule 14
 
   


 

14. Procedure of Commissioner.- (1) The Commissioner shall, after such inquiry as may be necessary, divide the property into as many shares as may be directed by the order under which the commission was issued, and shall allot such shares to the parties, and may, if authorized thereto by the said order, award sums to be paid for the purpose of equalizing the value of the shares.

(2) The Commissioner shall then prepare and sign a report or the Commissioners (where the commission was issued to more than one person and they cannot agree) shall prepare and sign separate reports appointing the share of each party and distinguishing each share (if so directed by the said order) by metes and bounds. Such report or reports shall be annexed to the commission and transmitted to the court; and the court, after hearing any objections which the parties may make to the report or reports, shall confirm, vary or set aside the same.

(3) Where the court confirms or varies the report or reports it shall pass a decree in accordance with the same as confirmed or varied; but where the court sets aside the report or reports it shall either issue a new commission or make such other order as it shall think fit.


HIGH COURT AMENDMENTS

Orissa and Patna (4.3.1932).- Substitute for sub-rules (2) and (3) as follows:

“(2) The commissioner shall then prepare and sign a report or the commissioner where the commission was issued to more than one person and they cannot agree shall prepare and sign separate reports appointing the share of each party and distinguishing each share if necessary by metes and bounds. The commissioner or commissioners shall append to the report or where there is more than one to each report a schedule showing the plot and area allotted to each party and also unless otherwise directed by the Court a map showing in different colours the plots or portion of plots allotted to each party. In the event of a plot being sub-divided the area of such sub-plot shall be given in the schedule and also measurements showing how the plot is to be divided. Such report or reports with the schedule and map if any shall be annexed to the commission and transmitted to the Court and the Court after hearing any objection which the parties may make to the report or reports shall confirm, vary or set aside the same.

(3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance with the same as confirmed or varied and when drawing up the final decree shall incorporate in its decree the schedule 4, and the map if any mentioned in sub-rule (2) above, as confirmed or varied by the Court the whole report or reports of the commissioner shall not ordinarily be entered in the decree when the Court sets aside the report or reports it shall either issue a new commission or make such other order as it shall think fit.”

 

 

 

 

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