Irregularity In Local Commissioner's Report Not A Ground To Dismiss The Suit: SC [Read Judgment]

Ashok Kini

4 Feb 2019 7:12 PM IST

“We are clearly of the view that if the report of the Local Commissioner was suffering from an irregularity i.e., want of following the applicable Instructions, the proper course for the High Court was either to issue a fresh commission or to remand the matter for reconsideration but the entire suit could not have been dismissed for any irregularity on the part of Local Commissioner.”

The Supreme Court has observed that a civil suit could not be dismissed merely for some irregularity in the report of the Local Commissioner appointed for local investigation. In a suit filed seeking prohibitory injunction and recovery of possession, the Trial Court appointed a Local Commissioner. After considering the report by the Commissioner, and other evidence on record, the Trial...

Irregularity In Local Commissioner's Report Not A Ground To Dismiss The Suit: SC [Read Judgment]

Ashok Kini

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