Advocate Commissioner
An Advocate Commissioner cannot act as an arbitrator
3 CLR(AD)209: Md. Khorshed Alam Vs. Md. Shahidullah & others: An Advocate Commissioner cannot travel beyond the preliminary decree while allotting saham to the parties. It is the fundamental principle that the Court or the Commissioner must carryout directions in preliminary decree and dispose of the suit completely. The proposals of the Advocate Commissioner beyond the preliminary decree are no binding upon the parties, to the suit. An Advocate Commissioner cannot act formally as an arbitrator. (Para-8, Hon'ble Chief Justice Surendra Kumar Sinha).
Appointment of an Advocate Commissioner
For ascertain the position of the suit land.
67 DLR 58: Borun Khatun & others Vs. Md. Hebaj Uddin Pramanik & another: We are also of the view that the land ought to be ascertained by appointing an Advocate Commissioner to find whether on the suit land defendants reside, whether they have any homestead and any fruit bearing trees, on reference to the documents. (Para-9, Mr. Justice Sharif Uddin Chaklader). Ref: 2 BCR(AD)431.
Advocate Commissioner's Report
18 BLT(AD)280: Abdul Halim & another Vs. Sheikh Abdullah & others: Order 26 Rule 9 of the Code of Civil Procedure: It is well settled now that the Court is not at all precluded from considering the report of the Commissioner afresh again in the light of such fresh materials as may be legally brought on the record by the parties. The Commissioner report is to be evaluated in the facts of the case on the evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report by the Court therefore, did not cause any error in the decision which requires to be interfered by this Court. (Para-5, Mr. Justice Mohammad Fazlul Karim).
