Specific Relief Act Section 14A — Power of court to engage experts

CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS

General

Summary

In a lawsuit under this Act, the court can bring in one or more experts to help it decide a specific issue in the case. The court can ask the expert to give a report on that issue and can also make the expert appear in court to give evidence, including showing relevant documents. The court can also order any person to give the expert information or let the expert inspect documents, goods, or other property. The expert’s report becomes part of the court record, and either the court or, with the court’s permission, any party can question the expert in open court about the report or how the inspection was done. The expert gets a fee or payment set by the court, and the court decides how the parties will share that cost and when it must be paid.

Official Text

(1) Without prejudice to the generality of the provisions contained in the Code of Civil Procedure, 1908 (5 of 1908), in any suit under this Act, where the court considers it necessary to get expert opinion to assist it on any specific issue involved in the suit, it may engage one or more experts and direct to report to it on such issue and may secure attendance of the expert for providing evidence, including production of documents on the issue.

(2) The court may require or direct any person to give relevant information to the expert or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.

(3) The opinion or report given by the expert shall form part of the record of the suit; and the court, or with the permission of the court any of the parties to the suit, may examine the expert personally in open court on any of the matters referred to him or mentioned in his opinion or report, or as to his opinion or report, or as to the manner in which he has made the inspection.

(4) The expert shall be entitled to such fee, cost or expense as the court may fix, which shall be payable by the parties in such proportion, and at such time, as the court may direct.] PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED