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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Role of Court Commissioner - The Court Commissioner is primarily appointed to assist the court by gathering factual evidence, conducting investigations, measurements, or inspections relevant to the case. Their report helps the court in understanding facts that are not easily ascertainable and aids in fair adjudication. The appointment is not solely for evidence collection but for truth-seeking and factual clarification. ["2022 0 Supreme(AP) 466"], ["2024 0 Supreme(AP) 1455"], ["2023 0 Supreme(Kar) 766"], ["2023 0 Supreme(Mad) 3392"]
Necessity of Commissioner’s Report - Courts often appoint Commissioners when the case involves complex factual issues, such as property measurements or site inspections. The report becomes part of the record and can be challenged or contested by parties. If the report is incomplete or unsatisfactory, courts have the authority to re-entrust further investigation or appoint a new Commissioner to clarify or supplement the findings. ["2022 0 Supreme(AP) 1252"], ["2024 0 Supreme(Ker) 218"], ["2025 0 Supreme(Ker) 2926"]
Main Part of Evidence - The Commissioner’s report, along with the evidence collected, forms an integral part of the court record under Order XXVI Rule 9 and 10 of the CPC. The report is considered evidence, and parties may examine the Commissioner or object to the report’s contents. However, the report does not automatically become part of the court’s final opinion unless accepted by the court after scrutiny. ["2024 0 Supreme(Cal) 1059"]
Marking and Examination of Reports - The reports filed by Commissioners are part of the record and can be examined by the court and parties. The court has the discretion to confirm, vary, or set aside the report based on objections or further evidence. Non-examination of the Commissioner does not nullify the report’s evidentiary value, but examination can influence its weight. ["2024 0 Supreme(Cal) 1059"], ["2023 0 Supreme(Mad) 3392"]
Re-entrustment and Further Investigation - If the initial report is incomplete or contested, courts have the authority to re-entrust the same or a new Commissioner to gather additional facts or clarify ambiguous points. This ensures that the court has comprehensive and accurate information before making a decision. ["2024 0 Supreme(AP) 1455"], ["2024 0 Supreme(Ker) 218"]
Judicial Discretion and Fairness - Courts exercise discretion in appointing Commissioners and accepting their reports, ensuring that justice is served through thorough fact-finding. The reports are tools to aid the court, not decisive evidence per se, and can be challenged or supplemented as needed. ["2022 0 Supreme(AP) 466"], ["2022 0 Supreme(AP) 1252"], ["2023 0 Supreme(Mad) 3392"]
Analysis and Conclusion:The Court Commissioner’s report is a vital part of the evidentiary process in civil cases, especially those involving property, site inspections, or factual disputes. While it is not mandatory that the report be marked as evidence, it forms part of the record and can influence the court’s decision. The report’s primary purpose is to assist the court in establishing facts, not to serve as the final ruling. Courts have the authority to appoint, re-appoint, or set aside Commissioner reports to ensure comprehensive fact-finding, thus emphasizing that the Commissioner’s report is an important but not exclusive element—what matters most is the evidence and findings that aid the court’s ruling.
In civil litigation, play a pivotal role in gathering facts, conducting , or examining accounts. Their reports often provide crucial insights into disputed matters like property boundaries or asset valuations. But what happens if such a report isn't formally marked as an exhibit? Can the court still consider it on its own motion—?
This question arises frequently: Can Court Read Commissioner Report if it is Not Exhibited? The answer, grounded in established precedents under the , particularly Order 26, is generally yes. The report forms part of the case record and carries , even without formal exhibition or examination of the commissioner. Let's break this down step by step.
empowers courts to appoint commissioners for various purposes, including (), (), and (). Once appointed, the commissioner submits a report, which is governed by .
Under , the report of the Commissioner and the evidence oral or documentary, taken by him, shall be evidence in the suit and shall form part of the record 1995 0 Supreme(Mad) 264 1995 0 Supreme(Mad) 647. This provision underscores that the report is inherently part of the proceedings, not requiring separate proof for admissibility 2014 0 Supreme(HP) 1999.
A key principle is that the commissioner's report cannot be rejected merely because it wasn't marked as an exhibit or the commissioner wasn't examined as a witness. The has clarified this in precedents like Misrilal Ramratan v. AS. Shaik Fathimal (1995 Supp (4) SCC 600), holding: 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... 2022 0 Supreme(Del) 152
.
Courts have consistently upheld that failure to exhibit the report does not bar its consideration. For instance, the report remains valid evidence unless specifically challenged 2014 0 Supreme(HP) 1999 1995 0 Supreme(Mad) 264. In one case, the overlooked this settled law but was corrected on appeal, emphasizing the report's integral role 2022 0 Supreme(Del) 152.
The court holds wide discretion to assess the report's . It may accept, vary, or direct without dismissing it outright 1962 0 Supreme(Mad) 398 2015 0 Supreme(Mad) 1946. Importantly, the court can take notice since it's on record.
If dissatisfied, the court may:- Examine the commissioner on relevant matters 2025 0 Supreme(Cal) 84.- Order or a second commission without necessarily setting aside the first 2016 0 Supreme(Ker) 696
Francis Assissi VS SR. Breesiya
.allows the court, if dissatisfied with the commissioner's proceedings, to direct 2025 0 Supreme(Cal) 84. However, neither Rule 10 nor 12 explicitly requires setting aside the report before a second commission; dissatisfaction prompts further steps, but the original remains evidence 2016 0 Supreme(Ker) 696 2016 0 Supreme(Ker) 643. In partition cases under (3), setting aside may be needed for a fresh commission, but generally, reports persist on record
Francis Assissi VS SR. Breesiya
.One judgment clarified: Neither in Rule 10 nor in Rule 12 the power to set aside the commission report or to wipe out of record, is included... Necessarily a further enquiry stands for issuance of a second Commission 2016 0 Supreme(Ker) 696.
Several cases reinforce these principles:
In a property dispute, the set aside an incomplete report and appointed a new commissioner, upheld on appeal as within discretion for fair resolution 2025 Supreme(Online)(KER) 3934. The court stressed clear reports under .
Another ruling confirmed: The court may in its discretion examine the Commissioner on any matter concerning the report. There is no compulsion to examine the Commissioner 2025 0 Supreme(Cal) 84.
In involving a local commissioner, the report supported seizure evidence, forming part of the record without issue 2022 0 Supreme(Del) 152.
For estate management under the , a Special Officer (akin to commissioner) was appointed for verification, highlighting accountability 2025 0 Supreme(Cal) 84.
These examples show courts routinely rely on reports, even imperfect ones, weighing them against overall evidence 2015 0 Supreme(Mad) 1946.
If a party contests the report:1. File objections promptly and seek commissioner examination 2014 0 Supreme(HP) 1999.2. Argue based on procedural lapses, not mere dissatisfaction.3. Request a second commission if the first lacks detail 2015 0 Supreme(Mad) 1946 2025 Supreme(Online)(KER) 3934.
For Legal Practitioners:- Emphasize the report's presumptive validity as record evidence 1995 0 Supreme(Mad) 264.- Prepare to counter challenges by highlighting unchallenged aspects.
For Clients:- Reports can sway outcomes, but courts aren't bound by their conclusions 1995 0 Supreme(Mad) 647.- Discuss challenges early with counsel to avoid surprises.
In summary, courts can—and typically do—consider commissioner reports , even if not exhibited, as they form part of the suit record under CPC 1995 0 Supreme(Mad) 264 2014 0 Supreme(HP) 1999. Precedents affirm their evidentiary weight unless robustly challenged
2022 0 Supreme(Del) 152. This flexibility ensures justice based on comprehensive facts, though courts retain discretion for further probes.
Key Takeaways:- Reports are admissible without exhibition or examination.- Challenge via objections; otherwise, they stand.- Second commissions possible without erasing the first 2016 0 Supreme(Ker) 696.
This article provides general insights based on legal principles and judgments. It is not specific legal advice. Consult a qualified lawyer for your case.
#CommissionerReport #CPCOrder26 #CivilLaw
The representative of the Appellant stated that he is not satisfied with the reply provided by the Respondent. ... Amita Pandove (अिमता पांडव) Information Commissioner (सचू ना आय Authenticated true copy (अिभ B. S. Kasana (बी. एस. कसाना Being dissatisfied, the Appellant filed a First Appeal dated 03.06.2019, which has not ... senile cataract insane ko kab hota hai aur ye stationar....
Without filing the same and not explaining why there is necessity to get a commissioner appointed, this Court does not find any merit in the revision petition filed before the trial Court. Therefore, there is no irregularity or illegality committed by the trial Court in dismissing the petition. ... person as it thinks fit directing him to make such investigation and to report#H....
Merely because the defendants/petitioners seek for appointment of Advocate Commissioner, the same per se does not mean that the report would be in favour of the defendants/petitioners. ... The opposition on the ground that the appointment of Advocate Commissioner amounts to collection of evidence, this Court is of the opinion that the Advocate Commissioner is not appoin....
If the purpose of appointing commissioner is not completely fulfilled, it is not beyond the jurisdiction of a court to reentrust the warrant to the commissioner asking to make further investigation and report on the important aspects required. (i). ... Keeping in view the aforesaid legal proposition and the need in the present case to get further #HL_....
The Commissioner categorically deposed that he did not verify the existence of Marpanadka-Badrakudlu SC Colony road. The Commissioner categorically denied that he is a relative of the plaintiff. The Commissioner deposed that the road mark meant by him in the report is actually "the tyre mark". ... It is true that the objections of the plaintiff is only to show that it #....
The mere fact that the Commissioner has failed to note certain features which according to the Defendant were important does not mean that the whole Report should be scrapped. ... Sometimes, on examination of the commissioner, the report forms part of the record and evidence. The parties can contest an expert opinion/commissioner's report, and the #HL_....
The need to appoint the Court Commissioner depends on the controversy involved in the proceeding and releasing of the report. 8. ... The ADLR has already measured the property and submitted a report and that report was made the part of the record before the Trial Court. An application was also filed by the defendants before the Trial Court#H....
Sub-rule (2), however, lays down that either the Court or any of the parties may examine the Commissioner but if the Commissioner is not examined, the report submitted by him does not cease to form part of the record. ... Commissioner may be examined in person - The report of the Commissioner and the evidence taken b....
At the same time, if the commission report and plan, which are on record, already contain the particulars which the petitioner seek to ascertain and report, then the Tribunal need not allow the application since the Advocate Commissioner cannot be directed to conduct a further enquiry on the same aspects ... application even though the commission report which is already on record does #H....
It is the case of the respondents that the petitioners could not point out plaint B schedule way to the Commissioner and the Commissioner cannot be expected to mark a way which is not in existence and that whether the plaint B schedule way is in existence or not is a matter for evidence. ... According to the petitioners, the report and plan are not use....
j) If the court is dissatisfied with the 'proceedings of the Commissioner' as found in Order XXVI Rule 10 (3), it may direct further inquiry depending on the facts. As a matter of caution, it is clarified that examination and order under order XXVI 10 (3) are only to verify if the Commissioner has followed the proper procedure while carrying out his task. i) The court may in its discretion examine the Commissioner on any matter concerning the report. There is no compulsion to examine the Commi....
In fact, the learned Trial Court appears to have overlooked the decision of the Apex Court in Misrilal Ramratan v. AS. Shaik Fathimal, 1995 Supp (4) SCC 600 where it has been held as under:- "3. ...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... " In the present case th....
Neither in Rule 10 nor in Rule 12 the power to set aside the commission report or to wipe out of record, is included. As discussed in earlier paragraphs both Rule 10 and 12 emphasis the need to issue and to direct a further enquiry when the Court has reason to dissatisfy with the proceedings of the Commissioner. Necessarily a further enquiry stands for issuance of a second Commission. The report submitted under Rule 12, though shall be in evidence in the suit, it will not form part o....
As discussed in earlier paragraphs both Rule 10 and 12 emphasis the need to issue and to direct a further enquiry when the Court has reason to dissatisfy with the proceedings of the Commissioner. Necessarily a further enquiry stands for issuance of a second Commission. Neither in Rule 10 nor in Rule 12 the power to set aside the commission report or to wipe out of record, is included. The report submitted under Rule 12, though shall be in evidence in the suit, it will not form part o....
The report submitted under Rule 12, though shall be in evidence in the suit, it will not form part of the record as in the case of Rule 10 wherein it is specifically stated that the report of the Commissioner and the evidence taken by him shall form part of the record. As discussed in earlier paragraphs both Rule 10 and 12 emphasis the need to issue and to direct a further enquiry when the Court has reason to dissatisfy with the proceedings of the Commissioner. Neither in Rul....
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