Which of the following statement is not true ........

Civil Procedure Code (CPC) 1908 Interim Orders

Which of the following statement is not true?

The report of the commissioner and the evidence taken by him shall together constitute evidence in the suit

The evidence taken by the commissioner and not his report shall constitute evidence in the suit

The report of the commissioner and the evidence shall form part of the record

Any of the parties to the suit may examine the Commissioner personally touching on any of the matters mentioned in the report.

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Explanation:

Order 26 Rule 10 –
ORDER XXVI Commissions
10. Procedure of Commissioner.—(1) The Commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the Court. (2) Report and depositions to be evidence in suit. Commissioner may be examined in person.—The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open Court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation. (3) Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further inquiry to be made as it shall think fit.