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[Cites 0, Cited by 0] [Section 244] [Entire Act]

State of Madhya Pradesh - Subsection

Section 244(1) in M.P. Civil Court Rules, 1961

(1)If the application is granted the Court should, after consulting the parties or their pleaders and after taking into account the probable length of time the execution of the commission is likely to take, fix the amount of commissioner's fee, travelling expenses, etc., and direct payment of the same into Court within a specified time, and the commission shall not issue until and unless the sum so fixed by the Court is paid in full within the time limited therefor.If found necessary, the court may, from time to time, direct that any further sum be paid into Court by the party concerned.Note 1.-Order XXVI, Rule 15, requires that the expenses of commission should be paid into Court. Commissioners should not, therefore, accept any payment direct from the party but should draw their fee, travelling allowance, etc., from the Court.Note 2. - Great care should be taken by the Courts issuing commission to make the fees as little onerous as possible to the parties in the suit.