When parties petition courts for local commissions under O. XXVI Rule 2, how is the application handled______________________?
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Answer: A. Must be with affidavit
Explanation
Applications for local commissions must include a supporting affidavit under specific procedural rules. The legal requirement mandates formal sworn statements when requesting court appointed local commissions. Submitting an affidavit verifies the factual basis for needing a local commissioner. Order twenty six rule two governs the appointment of local commissions in civil litigation. Commissions are often appointed to examine witnesses, inspect property, or calculate accounts. Affidavits are written statements confirmed by oath or affirmation for use as evidence.
Judges rely on sworn affidavits to assess whether appointing a local commission is genuinely necessary. This requirement prevents parties from filing frivolous requests that delay ongoing court proceedings. Litigants use commissions extensively when key evidence or witnesses cannot attend court hearings. Stating applications are sufficient without affidavits ignores mandatory procedural rules governing commissions. Judicial discretion does not override explicit statutory rules requiring formal supporting affidavits. Non of these is incorrect because the correct statutory requirement involves affidavits.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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