Interim Order 28

Order Details: COPY OF ORDER
Pdf Text: In the Court of Sh. Naresh Kumar Laka
District Judge – 07, Central,
Tis Hazari Court, New Delhi
CS DJ No. 1328/2025
CNR No. DLCT01-018395-2025
Smt. Ekta
…........Plaintiff
vs.
Sh. Sonu Bajaj
......Defendant
Dated: 29.07.2026
O R D E R
Sub: Appointment of Local Commissioner for recording of evidence.
This court suggested for appointment of a Local Commissioner as per
Order 18 Rule 4 CPC for recording of evidence to expedite the trial. Ld.
Counsel for the plaintiff agreed whereas Ld. Counsel for the defendant states
that same may be allowed for leading plaintiff’s evidence only.
2. Accordingly, Sh. Rishap Atal (Advocate), Enrollment No. D12277/2024,
Chamber No. 235, Civil Side, Tis Hazari Court, Delhi-110054 (Mob. No.
9818790927), is appointed as Local Commissioner for recording of plaintiff’s
evidence in this case as per Order 18 Rule 4 (2) CPC.
3. Contacts details are as under:
Sh. Maharaj Singh Dedha (Mob. 9818408033, 9990478875), Ld. Counsel
for plaintiff.
Sh. Siddharth Mullick (Mob. 9953903010, 9953902010), Ld. Counsel for
defendant.
The terms of the assignment of the case are as under : -
A. Assignment of case by court for recording of evidence:-
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1. Schedule of Evidence – Evidence shall be recorded expeditiously.
If it is not possible on the same day, then on the next day. Evidence shall
continue on day to day basis till conclusion. Any alteration in schedule
for recording of evidence if needed shall be decided by Ld.
Commissioner.
2. Supply of Dasti copy to parties:- Copy of such referral order shall
be given dasti to all the parties.
3. Judicial File not to be sent:- It is clarified that the judicial file shall
not be sent but if it is required, an oral request can be sent to the Ahlmad
of the court and the Ahlmad/Asst. Ahlmad/Orderly shall take the file to
the Local Commissioner by informing the undersigned and a cost of
Rs.500 will be paid to him by the summoning party.
4. Affidavit in Chief:- The affidavit of evidence of PW/DW, if not
filed earlier, be filed on record and advance copy be supplied to the
opposite counsel.
5. Production of Documents for examination: In case any party is
desirous of production of any document by the witness on any other
entity for the purpose of examination, an application requesting the same
may be moved before this court in advance.
B. Recording of evidence by the Commissioner-
1. Place and Time- Ld. Commissioner shall record evidence at his
Chamber or Library, Tis Hazari Court Complex or any other place, agreeable
to all the parties. Evidence can be recorded in the Court Room also after 3.00
PM. Evidence shall be recorded as per convenience of the Local
Commissioner. It can carry on beyond 5.00 PM as well if both parties agree.
It can even be recorded on a holiday if all the stake holders are comfortable
and agreeable.
2. Chronology of Recording- Ld. Commissioner shall proceed to record
the examination by first recording the examination in chief by tendering the
affidavit and then cross examination.
3. Oath to Witnesses- Ld. Commissioner shall give oath to the witness
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under examination as a delegate of the Court as per Oaths Act.
4. Recording of Evidence- The evidence shall be preferably typed on a
computer or laptop to be arranged by the LC.
5. Time Frame- Ld. Commissioner shall conclude the recording of
evidence preferably on the same day or within shortest time possible.
6. Comfortable Sitting Space- All the witnesses and their Ld. Counsel
shall be provided comfortable sitting space.
7. Exhibition of Documents- Ld. Commissioner shall exhibit all the
documents sought to be proved by a party on record. In case of any objection
to exhibition or marking of the documents, the objection shall be recorded
and left open with an assurance that mere marking of such exhibits will not
be treated as conclusive proof thereof and that admissibility of such
document shall be decided by the referral court at final stage.
8. Original Documents to be Retained by Parties: Ld. Commissioner
shall make an observation in the record of evidence of all original documents
produced and he shall sign the exhibit with an endorsement “OSR” wherever
necessary.
9. English Language- The Local Commissioner shall record the
evidence in English language.
10. Adjournment- Once started, the cross-examination shall be continued
on day to day basis. In case of any hardship viz. Ill health etc. the case can be
deferred. It is made clear that the Ld. Local Commissioner can impose any
cost to the extent of Rs.2,000 for a single default on the defaulting
party/counsel, payable to the opposite party/counsel and the Ld. LC in part or
full. After giving three opportunities, if a party/counsel does not come
forward for recording of evidence, LC is at liberty to close the evidence of
the defaulting party.
11. Question-Answer- On the request of Ld. Counsel cross-examining the
witness, portions of deposition may be recorded in question-answer form.
12. Questions to be allowed- In case Ld. Commissioner finds any
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question not related to the fact and issue, he shall record his objection but
shall allow the question to be put and witness must answer.
13. Assisting the Witness- In case witness is unable to understand the
question put to him, Ld. Commissioner shall elaborate the same in an easy
was to understand.
14. No Third Person Intervention- Ld. Commissioner shall ensure that the
witness is not intervened by his Ld. Counsel or any other third party while
under cross-examination.
15. Recording of Demeanor of witness- Ld. Commissioner shall record
the demeanor of the witness wherever it is found pertinent and necessary for
sharing with the Court.
16. Witness to sign all pages- Ld. Commissioner shall obtain signatures
of both the sides on each and every page of recording of evidence apart from
signing them himself.
17. Copy of Evidence- All interested parties shall be provided uncertified
copy of the evidence recorded, free of cost.
18. Safety of original deposition- Ld. Commissioner shall keep the
original depositions in his/her safe custody till such time they are filed in the
court in original upon completion of each witness individually.
19. Miscellaneous Proceedings- Ld. Commissioner shall maintain a
miscellaneous proceeding sheet for each day of work and shall submit it in
the Court with the report.
C. Summoning of Official Witnesses-
1. Summons from court- In case a litigating party is desirous of
summoning an official witnesses, it shall obtain summons from the Court
with an endorsement that witness shall appear before the address of Ld.
Commissioner for recording of evidence on scheduled date, time and place.
2. Diet Money- Diet money shall be paid to such witness by summoning
party as per rules.
D. Advisory to Ld. Commissioner:
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1. Impartial- Ld. Commissioner shall conduct himself in an impartial
way and behave in an indiscriminate manner while recording of evidence.
2. Polite- Ld. Commissioner shall be polite with the witness and other
stake holder while recording of evidence.
3. Confidentiality- Ld. Commissioner shall maintain confidentiality
during the whole process.
4. Keeping distance- Ld. Commissioner shall not solicit professional
work from the parties.
5. Integrity- Ld. Commissioner shall not except remuneration or any
favour in cash or kind from the parties over and above the amount fixed by
the Court.
6. Non-judgmental- Ld. Commissioner shall not criticize the
professional conduct of litigating parties, lawyers on their understanding of
law of either of the parties or ridicule them in any manner.
7. Punctuality- Ld. Commissioner shall adhere to punctuality and shall
not make excuses like he is engaged in some personal court work etc.
8. Coordination- In case of any foreseen circumstances warranting
change of dates of hearing, for his own case or the request of other side, he
shall apprise the other side in advance via phone call, email, sms etc.
9. No Third Party Sharing- He shall not allow the deposition to be
inspected by any third party and shall not share a copy thereof with
anybody/stranger without permission of the Court.
10. Inspection- He shall not allow any party to inspect the recorded
proceedings in his absence.
E. Remuneration of Ld. Commissioner:-
1. Quantum- In terms of Order 18 Rules 4 CPC the remuneration for the
purposes of Commissioner shall be fixed by the Court.
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2. Mode of Payment:- Such remuneration shall be paid by the party
directly for each day's work either by way of cash, cheque or draft against
due receipt.
3. Fee to be paid: Fee for recording of evidence is fixed at Rs.2,500
per hour, (which shall include the cost of typing, hiring of a
stenographer/typist and supply of copy of deposition) and the said fees shall
be paid by the plaintiff for all the PWs towards examination in chief as well
as cross-examination. If defendant desire to examine his witnesses, he shall
pay the fees for his witnesses.
4. To be added as Litigation Cost- Such payments shall be redeemable
as cost of litigation at the end of the suit. The Local Commissioner is directed
to file statement of amount received from the parties along with his report
after conclusion of evidence.
F. Judicial Intervention during recording of evidence-
1. Parties to Cooperate- It is expected that both the sides will cooperate
with Ld. Commissioner as well as each other and record evidence in a
peaceful manner.
2. Dissolution of stalemate- In case of any conflicting circumstances
parties shall resolve issues at their own with the active help of Ld.
Commissioner.
3. Court Intervention- However, in case of any unforeseen situation
requiring judicial intervention, Ld. Commissioner shall fix date and time for
joint appearance of both sides before the Court for removal of any such
impediment.
4. At request, the copy of this order be given dasti to the parties / their
counsels /their ARs and the Local Commissioner. Parties are directed to appear
before the Ld. LC on 21.08.2025 at 2.00 PM. LC is directed to fixed the subsquent
dates for recording of evidence in the interval of 10-15 days and not more than
that. Put up before this court on same date after recording of evidence. Copy of
order be given dasti.
(Naresh Kumar Laka)
District Judge-07/Central District,
Tis Hazari, Delhi.
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