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Question no. 53011

When commissions are issued under Order XXVI, courts shall instruct litigants to present themselves before the Commissioner at?

Select your answer for: When commissions are issued under Order XXVI, courts shall instruct litigants to present themselves before the Commissioner at?
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Answer: C. Both A and B

Explanation

When commissions are issued under Order XXVI, courts may instruct litigants to appear before the commissioner either in person or through an agent or pleader. Procedural flexibility allows legal representatives to attend commissioner proceedings on behalf of clients. Flexibility in attendance prevents undue hardship for litigants during out-of-court examinations. Commissions involve delegating judicial inquiry tasks to appointed commissioners for evidence gathering. Order XXVI outlines comprehensive rules for examining accounts, locals, and distant witnesses. Civil procedure balances rigorous judicial oversight with practical logistical accommodations.

Lawyers frequently represent clients during commissioner-led local investigations and inspections. Litigants save travel time and expense by utilizing authorized pleaders for procedural tasks. Civil practitioners must follow court instructions regarding commissioner appearance modalities. Mandating personal appearance exclusively would ignore the practical role of legal pleaders. Restricting attendance only to agents would prevent litigants from attending when necessary. Alternative choices fail to recognize the dual options permitted by civil procedure rules.

Subject
Law
Topic
—
Difficulty
medium

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