ORDER XLII

1THE SUPREME COURT RULES, 1978 1THE SUPREME COURT RULES, 1978. PART VIII MISCELLANEOUS ORDER XLII COMMISSIONS. 1. Order XXVI in the First Schedule to the Code with respect to commissions shall apply except rules 13, 14, 19, 20, 21 and 22 thereof. 2. An application for the issue of a commission may be made by summons in Chambers after notice to all parties who have appeared or ex parte where there has been no appearance. 3. The Court may, when the Commission is not one for examination on interrogatories, order that the commissioner shall have all the powers of a Court under Chapter X of the 4Evidence Act, 1872 (I of 1872), to decide questions as to the admissibility of evidence and to disallow any question put to a witness. 4. The commissioner shall record a question disallowed by him and the answer thereto, but the same shall not be admitted in evidence until the Court so directs. 5 Unless otherwise ordered, the party, at whose instance the commission is ordered to issue, shall lodge in the Court copies of the pleadings and issues in the case within twenty four hours of the making of the order, and those copies shall be annexed to the commission when issued. 6 Any party aggrieved by the decision of the commissioner refusing to admit documentary evidence may apply to the Court within a period of fourteen days of the date of the submission of the report to set aside the decision and for direction to the commissioner to admit the evidence. 7 After the deposition of any witness has been taken down, and before it is signed by him, it shall be read over and, where necessary, translated to the witness. Every page of the deposition shall be signed by him and left with the commissioner who shall subscribe his name and the date of the examination. 8 Commissions shall be made returnable within such time as the Court may direct.