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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:
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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