2019 (4) TMI 2004 - HC - Indian Laws

Seeking for a prayer of injunction - examination of the Court Commissioner - HELD THAT - It is seen that the trial Court has appointed a Commissioner in application and the Commissioner has filed his report. The petitioner herein has filed his objections to the Commissioner report. The petitioner herein has filed two petitions one for examination of the Court Commissioner and another petition to scrap the Commissioner report. It is seen that the trial Court has dismissed both the petitions simultaneously. An opportunity to examine the Commissioner is to be given to any party aggrieved by the Commissioner report. Already the petitioner has objected to the Commissioner report - The trial Court can decide whether the Commissioner report is to be scraped or not only after the examination of the Commissioner. Application is remitted back to the trial Court to be decided the issue after the examination of the Commissioner.

Summary

Issues Involved:
1. Dismissal of petition for examination of Court Commissioner in a civil suit.
2. Dismissal of petition to scrap Commissioner report and appoint another Commissioner in the same civil suit.

Analysis:
1. The petitioner, as the defendant, filed a petition in I.A.No.362 of 2014 in O.S.No.152 of 2012 seeking examination of the Court Commissioner, which was dismissed by the trial Court. The petitioner contended that under Order 26 Rule 10 of the Civil Procedure Code (C.P.C.), a party dissatisfied with the Commissioner's report should be allowed to examine the Commissioner before deciding on the report. The High Court held that the petitioner should be given the opportunity to examine the Commissioner, especially since objections to the Commissioner's report had already been filed. Consequently, the Court allowed the Civil Revision Petition in C.R.P.(MD)No.1607 of 2015 and set aside the impugned order in I.A.No.362 of 2014.

2. Additionally, the petitioner filed a petition in I.A.No.558 of 2014 to scrap the Commissioner's report and appoint another Commissioner, which was also dismissed by the trial Court. The High Court emphasized that the decision on whether to scrap the Commissioner's report should only be made after examining the Commissioner. Therefore, the Court remitted I.A.No.558 of 2014 back to the trial Court to decide the issue after the examination of the Commissioner. Consequently, the Civil Revision Petition in C.R.P.(MD)No.1608 of 2015 was disposed of accordingly, with no costs imposed.