Gujarat High Court Civil Manual (subordinate court practice), 1960
(i) When the application is granted the Court should, after consulting the parties or their lawyers and after taking into account the probable length of time the execution of the commission is likely to take, fix the amount of the Commissioner's fee, travelling expenses etc. and direct the payment of the same into Court within a specified time. The commission shall not issue unless the sum so fixed is paid in full. (ii) If found necessary the Court may, from time to time, direct that any further sum be paid into Court by the party concerned. (iii) When the commission is executed to the satisfaction of the Court, the full sum mentioned should be paid to the Commissioner but where the commission is not executed satisfactorily executed, or the work done turns out to be less than was expected, it will be in the discretion of the Court to direct a smaller amount to be paid, or to make any other order in the matter which it thinks just and proper in the circumstances. It will also be in the discretion of the Court to direct payment of reduced remuneration when in its opinion, there has been unreasonable delay on the part of the Commissioner in the execution and return of the commission. (iv) Such fees, when the Commissioner is a servant of Government in the Judicial Department, and the work of executing the commission is not done entirely out of office hours, are to be credited to Government. (v) The Judge of each district should in his discretion from time to time call for returns of fees so credited to Government on account of the execution by his subordinates of commissions issued under Order XXVI of the Code of Civil Procedure, and make annual reports to the High Court consolidating the information for the whole District. (vi) Strict compliance with the orders regarding the deposit of commissioner's fee and other expenses should be insisted on and the time once fixed for the purpose should not be extended except on very good grounds. (vii) The Commissioners are not permitted to accept any payment directly from the party. The fees, travelling allowance, etc., shall be drawn by them from the Court.