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2017 (2) TMI 1233 - HC - Indian LawsAppointment of Court Commissioner - bearing of fee of the Court Commissioner - Held that:- Once the plaintiff is willing to bear the costs of the Commission subject to final order as to costs in the suit, the objection of the defendant no.1 does not come in the way, especially when the Joint Registrars are burdened with recording of evidence. Accordingly, Mr. Dinesh Dayal, Additional District Judge (Retd.) (Ph. No.9810100200) is appointed as the Court Commissioner to record evidence in the suit. The fee of the Court Commissioner, besides out of pocket expenses is tentatively fixed at ₹ 1,00,000/- to be initially borne by the plaintiff subject to final orders as to costs in the suit. The Court Commissioner is requested to record the evidence within the Court Complex and to complete the same within one year of the date of first appearance of the parties before him. He is granted liberty to have the matter placed before the Court, if any of the parties are found delaying recording of the evidence.The Registry is directed to send the file of the suit at the place and time fixed by the Court Commissioner for recording of evidence.
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