When a party to a suit applies for an order for the examination of a witness under Order XVIII rule 16 or for the issue of a Commission under section 76 or Order XXVI, rules 1 and 4 of the Code of Civil Procedure, he shall give notice of the application to the other party or parties. The application shall be made to the Judge in Chambers.
174A. On receipt of the examination in Chief, of the witness on affidavit with
documents under Order 18, Rules4 (Amendment Act, 2002 of the Code of Civil
Procedure), the Court may appoint a Commissioner from the Panel of Advocates
prepared by the High Court of Judicature at Bombay for recording cross-examination or re-examination of the witnesses, as the case may be.
174B(i). The Penal of the Commissioner shall be formed of Retired Judges and from the Members of the Bar, practicing in the High Court at Bombay having minimum 3 years practice as an Advocate, having ability to record the evidence and willing to be appointed on the penal.
(ii) The penal of the Commissioner shall be prepared by the Prothonotary and Senior Master, in the month of April, after every 2 years or as per the directions of the Hon’ble the Chief Justice.
(iii) Where the Commissioner appointed under Rule 174-A dies or retires, leaving
commission work incomplete, the Court may appoint another person from the Penal of Advocates, to carry out incomplete commission work.
174C. The commissioner appointed under Rule 174A would be entitled to
remuneration at the rate of Rs. 200 per hour, subject to minimum of Rs 200 a day or such other rate as the Hon’ble Court may direct.
174D. If the remuneration of the Commissioner is fixed on per hour basis, after
evaluating probably hours to be consumed for recording evidence and the approximate remuneration of the Commissioner, the parties to the proceeding shall deposit, it in the Court. Both the parties shall deposit the amount of remuneration 50 per cent each within a week from the date of order.
174E. The Commission charges deposited by the parties as per the order of the Court under Rule 174D shall be the costs in the cause.
174F. The Commissioner appointed as per Rule 174A shall have power to administer
Oath and all the other powers under Order XVIII of the Code of Civil Procedure.
174G. The Commissioner to fix date, time and place of the Commission work in
consultation with parties to the proceedings or as per the order of the Court.
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