Local Commissioner’s report
-Local Commisssioner’s report in terms of Order XXVI Rule 10(2) CPC can be used in evidence . The Hon’ble High Court of Delhi in M L Brother LLP v. Mahesh Kumar Bhrualal Tanna [CS(COMM) 126/2022] has held that :-
The Hon’ble High Court of Delhi in In Levi Strauss & Co. v. Rajesh Agarwal 2018 IAD (Delhi) 622, has held that when the Commissioner has been filed the evidence along with his report,itself becomes evidence in the suit. Unless there is objection taken on the report or evidence by the defendant it is not necessary to examine the local commissioner. The Hon’ble Supreme Court in CIVIL APPEAL NO. 1973 OF 2022; MAY 11, 2022 has held that the commissioners report is only an opinion and noting as the case may be..”
Order 26 Rule 10(2) CPC –
The examination of the Commissioner is not mandatory to admit the report of the Commissioner as evidence in the suit. The relevant observations are as under:
- The Local Commissioner is in fact a representative of the Court itself and it is for this reason that Order 26 Rule 10 (2) of CPC clearly provides that once the Commissioner has filed the evidence along with his report the same shall be treated as evidence in the suit and shall form part of the record.
If in any case when objection is raised by the opposite party then he may be examined in open court. For that it is important to challenge the same in the written statement.
The Hon’ble High Court of Delhi in Vinod Goel v. Mahesh Yadav [RFA 2022/DHC/004806 CS (COMM) 413/2021 decided on 23rd May, 2018 has pointed out he acts as an officer of the court and his examination is not required.
The Hon’ble Supreme Court in Misrilal Ramratan & Ors. Mansukhlal & Ors. v. A. S. Shaik Fathimal & Ors., 1995 Supp (4) SCC 600, held that :-
“It is now settled law that the report of the Commissioner is part of the record and that therefore the report cannot be overlooked or rejected on spacious plea of non-examination of the Commissioner as a witness since it is part of the record of the case.”
The Hon’ble High Court of Delhi in Levis Strauss v. Rajesh Agarwal [RFA 127/2007 decision dated 3rd January, 2018],
Conclusion
It can be concluded that each case is unique and therefore keeping in veiw the circumstances of the case , the Court would usually deal with the examination of the Local Commissioner’s report . You may find For more information kindly click here
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