(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.
Order XXVI Rule 1 CPC Cases in which Court may issue commission to examine witness
Order XXVI Rule 2 CPC Order for commission
Order XXVI Rule 3 CPC Where witness resides within Court's jurisdiction
Order XXVI Rule 4 CPC Persons for whose examination commission may issue
Order XXVI Rule 5 CPC Commission or request to examine witness not within India
Order XXVI Rule 6 CPC Court to examine witness pursuant to Commission
Order XXVI Rule 7 CPC Return of commission with depositions of witnesses
Order XXVI Rule 8 CPC When depositions may be read in evidence
Order XXVI Rule 9 CPC Commissions to make local investigations