Rajasthan Pre 2016

The Commissioner appointed under the provisions of Order XVIII of the Code of Civil Procedure for the purpose of recording of evidence cannot:

Verified Answer
A. Re-examine a witness
B. Decide objections raised during the recording of evidence
C. None of the above
D. Both (1) & (2)

Explanation:

A Commissioner appointed under the Code of Civil Procedure (specifically Order XXVI, not Order XVIII, which deals with examination of witnesses in court) for recording evidence has limited powers. The Commissioner's role is primarily to record the evidence. They do not have the judicial authority to decide on objections raised during the recording of evidence; such objections are noted and decided by the court. Similarly, a Commissioner cannot re-examine a witness on their own initiative; re-examination is conducted by the party who called the witness. Therefore, a Commissioner cannot do both (1) and (2).