# of the case and take up such matters as per routine of the Court

- **Citation:** C.L. No. 22/VIII
- **Court:** Allahabad High Court
- **Decided:** 1949-03-18
- **Case number:** C.L. No. 22/VIII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/of-the-case-and-take-up-such-matters-as-per-routine-of-the-court-163154
- **Pages:** 1

## Text

155
wherein no stay order has been passed by any Superior Court staying further proceedings
of the case and take up such matters as per routine of the Court.
5.
COMMISSIONS
(i)
Inland
C.L. No. 22/VIII h-13 dated 18th March, 1949

Immediately after the issues have been struck the presiding officer should
consider, may be on an application by a party, if the preparation of a site plan or enquiry
after local inspection at the spot is necessary for the proper decision of the case. The
commission should as far as possible, be issued on that very day with clear and detailed
directions to be recorded in the Judge's notes, as to what the commissioner is required to
show in the plan and on what points he is required to make a specific report. If any
witness is to be examined on commission the court may consider the issue of a
commission then and not postpone it till after the recording of the entire oral evidence.
C.L. No. 35/VIII-b-23 dated 15 March, 1971

Presiding Officers should mention the name of the commissioner at the time of
passing order of issuing commission.
Second commission
G.L. No. 19/67 dated 1st May, 1929
 A second commission should not be issued until good reasons are given why the
first commission should not be accepted. When once a second commission is issued the
first commission goes out of evidence entirely. No reference can afterwards be made to
that first commission. If second commission is also found to be unsatisfactory reasons
should be given and that commission should also be taken out of the evidence. The
attention of judicial officers is drawn to the relevant passages from I.L.R. XLV Mad. 79
(Judgment in S.A. no 671 of 1919 between K.K.M., Thottama and C.S. Subramanian).
Distribution of commissions
G.L. No. 4386/89 dated 4th December, 1922

The attention of District Judges is drawn to the necessity of ascertaining
periodically the number of commissions issued to legal practitioners in each court
subordinate to them and sees that there is a fair distribution of such work. The court
regards this supervision as most important.
C.L. No. 102/411-h-3 dated 2nd December, 1968
Strict compliance of Rule 65(4), General Rules (Civil) may be impressed upon the
presiding officers so that commissions for preparation of a map or for making partition
are ordinarily issued to Amins only in the first instance.
Timely execution of commissions
C.L. No. 110/VIII b-28 dated 24th October 1952
Presiding officers should be strict in demanding execution of commissions in time
and in case a commissioner is found to be dilatory or his work is generally found to be