In the First Schedule, in Order XXVI,-



(i)to rule 1, the following proviso and Explanation shall be added, namely:-



"Provided that a commission for examination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.



Explanation.- The Court may, for the purpose of this rule, accept a certificate purporting to be signed by a registered medical practitioner as evidence of the sickness or infirmity of any person, without calling the medical practitioner as a witness.";



(ii)in rule 4,-



(a)in sub-rule (1), for the words "for the examination of ", the words "for the examination on interrogatories or otherwise of-" shall be substituted;



(b)to sub-rule (1), the following provisos shall be added, namely:-



"Provided that where under rule 19 of Order XVI, a person cannot be ordered to attend a Court in person, a commission shall be issued for his examination if his evidence is considered necessary in the interests of justice:



Provided further that a commission for examination of such person on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.";



(iii)in rule 7, for the brackets and words "(subject to the provisions of the next following rule)", the brackets, words and figure "(subject to the provisions of rule 8)" shall be substituted;



(iv)after rule 10, the following heading and rules shall be inserted, namely:-



"Commissions for scientific investigation, performance of ministerial act and sale of movable property



10A . Commission for scientific investigation



(1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.



(2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.



10B.Commission for performance of a ministerial act



(1) Where any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently performed before the Court, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to perform that ministerial act and report thereon to the Court.



(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.



10C.Commission for the sale of movable property



(1) Where, in any suit, it becomes necessary to sell any movable property which is in the custody of the Court pending the determination of the suit and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to conduct such sale and report thereon to the Court.



(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.



(3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for the sale of movable property in execution of a decree.";



(v)after rule 16, the following rule shall be inserted, namely:-



"16A.Questions objected to before the Commissioner.- (1) Where any question put to a witness is objected to by a party or his pleader in proceedings before a Commissioner appointed under this Order, the Commissioner shall take down the question, the answer, the objections and the name of the party or, as the case may be, the pleader so objecting:



Provided that the Commissioner shall not take down the answer to a question which is objected to on the ground of privilege but may continue with the examination of the witness, leaving the party to get the question of privilege decided by the Court, and, where the Court decides that there is no question to privilege, the witness may be recalled by the Commissioner and examined by him or the witness may be examined by the Court with regard to the question which was objected to on the ground of privilege.



(2)No answer taken down under sub-rule (1) shall be read as evidence in the suit except by the order of the Court.";



(vi)to sub-rule (1) of rule 17, the following proviso shall be added, namely:-



"Provided that when the Commissioner is not a Judge of a Civil Court, he shall not be competent to impose penalties; but such penalties may be imposed on the application of such Commissioner by the Court by which the commission was issued.";



(vii)after rule 18, the following rules shall be inserted, namely:-



"18A.Application of Order to execution proceedings.- The provisions of this Order shall apply, so far as may be, to proceedings in execution of a decree or order.



18B .Court to fix a time for return of commission



The Court issuing a commission shall fix a date on or before which the commission shall be returned to it after execution, and the date so fixed shall not be extended except where the Court, for reasons to be recorded, is satisfied that there is sufficient cause for extending the date.";



(viii)in rule 22, for the figures and word "16, 17 and 18", the words, brackets, figures and letters "sub-rule (1) of rule 16A, 17, 18 and 18B" shall be substituted.