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O.26 R.11

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O.26 R.11: Application for appointment of Court Commissioner for taking Accounts


The accrual of cause of action to file this Application: Where the Suit is filed inter alia, for the Relief of rendition of accounts of the Defendants, the Plaintiff may take out Application under this Rule for the appointment of Court Commissioner, to carry out examination of Accounts of the Defendants for the years ______, and file Report before this Hon’ble Court.


The Application may be taken in the form of a Notice of Motion / Notice / Exhibit / Chamber Summons, as may be prescribed under the applicable provision of law, and duly verified by the Applicant.

A broad approach to drafting of any Application may be undertaken in three chronological “Heads” –

(1) Reliefs prayed for / claimed: It is of central importance that any Relief prayed / claimed for, must be duly articulated, keeping in mind (a) the nature of jurisdiction being exercised by the court having regard to the nature of Application which is sought to be filed / moved; (b) the rights / interest claimed by the Applicant; (c) the obligations and liabilities of the opposite party.

(2) Grounds for Reliefs prayed for / claimed; (both factual and legal): Grounds for Reliefs prayed for / claimed, implies (a) the essence / conclusion of material facts or proposition of facts which supports the reliefs prayed for / claimed; and (b) the provision of law / judgments of the Apex Court or High Courts, which supports the reliefs prayed for / claimed.

(3) Material facts of the case: Narration of material facts thereby substantiating the grounds on which the reliefs are claimed.


O.26 Rule 11: Commission to examine or adjust accounts
In any suit in which an examination or adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit directing him to make such examination or adjustment.


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Important Links
Imposing Accountability: http://www.satyamevajayate.info/rtibook

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