AIR 1963 BOMBAY 59 ::64 Bom LR 611

Bombay High Court

Hon'ble Judge(s): Shah , J

Civil P.C. (5 of 1908) , O.18 R.15, O.26 R.11, O.26 R.17— Commissioner appointed by High Court for taking accounts in partnership suit is court within the meaning of O.18 R.15. Where an order for issue of a commission and appointment of a commissioner for the purpose of taking accounts in any suit is required to be made, the High Court has to be guided by the provisions of the Civil P. C. in that behalf as enacted by Cl. 37 of the Letters Patent and O. 26 R. 11 is the only provision in the Code under which a commissioner for taking accounts can be appointed. The High Court on its original Side can appoint a commissioner for taking accounts in every case where the need for such appointment arises only in pursuance of the provisions of R. 11 and R. 12 of O. 26 of the Code. The High Court has made no rule in supersession of sub-rule (1) of R. 17 of O. 26. Therefore, the commissioner for taking accounts while dealing with a Reference in any suit shall be deemed to be 'civil Court' for the purposes of R. 17 of O. 26 as a whole, that is to say, for purposes of sub-rule (1) R. 17 and R. 462 of the High Court Rules. All the rules in O. 18 deal with one subject, namely, "Examination of witnesses". Rule 17 of O. 26 of the Code refers to the provisions of the Code relating inter alia to the examination of witnesses and it says that for the purpose of that rule the Comm....