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TMI Blog2017 (2) TMI 1233X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - CS(OS) No.2092/2013 and IA No.14295/2016 - - - Dated:- 15-2-2017 - HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW For the Appellant : Mr. Harish Malhotra, Sr. Adv. with Mr. Venancio D costa and Ms. Astha, Advs. For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... II Rule 11 of the CPC. 8. It is not as if this court is proceeding to frame issues before adjudicating the application under Order VII Rule 11 of the CPC. As far as this Court is concerned, the application has been dismissed and further proceedings in the suit cannot be deferred till the aspect of Order VII Rule 11 of the CPC is appealed till the last Court. 9. Moreover, in the order dated 11th November, 2016 it was made clear that the issues would be framed if the application under Order VII Rule 11 of the CPC is not allowed. 10. It may also be recorded that having heard the counsels today, framing of issues by this Court will not take much time. However if the suit is adjourned for framing of issues, again the entire file will ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iff. 19. The counsel for the defendant no.1 objects. 20. 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. 21. Accordingly, Mr. Dinesh Dayal, Additional District Judge (Retd.) (Ph. No.9810100200) is appointed as the Court Commissioner to record evidence in the suit. 22. 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. 23. The Court Commissioner is requested to record the evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X
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