Appointment of Court Commissioners before commencement of trial has been held to be erroneous - appointment of Court Commissioner for measurement of land and fixation of boundaries is not warranted.

Citation

AIROnline 2022 BOM 669

Bombay High Court

(AURANGABAD BENCH)

SANDEEP V. MARNE , J.

WRIT PETITION - 14046 of 2021 D/- 5 - 12 - 2022

Shantaram Dattatray Kekan and Ors. v. Bhausaheb Karbhari Kekan and Anr.

Civil P.C. (5 of 1908), S.75, O.26 R.9 - Appointment of Court Commissioner in suit - Stage of

appointment - There is no hard and fast rule that Court Commissioner can be appointed only

at a particular stage - In some cases, Court permitted appointment of Court Commissioners

even before commencement of trial and in some cases, appointment of Court Commissioners

before commencement of trial has been held to be erroneous - Such decisions are rendered in

facts of each case but principle that is followed is that a Court Commissioner can never be

appointed in order to enable parties to collect evidence - In instant case, plaintiffs are yet to

adduce their evidence and in view of peculiar facts and circumstances of case, appointment of

Court Commissioner for measurement of land and fixation of boundaries is not warranted -

Plaintiffs granted liberty to file application after conclusion of evidence of parties, if they so

desire.

 (Paras 6 , 8 , 11 , 13 , 14)