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PARTHA SARATHI SEN
Amit Mines Private Limited – Appellant
Versus
Maithan Alloys Limited – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. In this revisional application as filed under Article 227 of the Constitution of India the Order no. 162 dated 12.09.2022 as passed in Title Suit No. 32 of 2008 by the learned Civil Judge, Senior Division, 1st Court at Assansol has been assailed. By the impugned order learned trial court while disposing an application dated 06.04.2019 (original application dated 04.02.2015 and as amended vide order dated 12.09.2009 by the self same court) as filed by the defendant with a prayer for setting aside the ex-parte report as submitted by the Accounts Commissioner on 6th January, 2015 with a further prayer for fixing another date of commission for holding a fresh accounts commission has been disposed by directing that the commission’s report so submitted would again be reconsidered in presence of both the sides taking into account any point or contention raised by the defendant before the Accounts Commissioner on two specified dates. The defendant of the said suit felt aggrieved and thus preferred the instant revisional application.
2. Mr. Mitra, learned Senior Advocate appearing on behalf of the defendant/petitioner at the very outset took me to the list
A commission report can be remitted for further inquiry without being set aside if it is found to be deficient, ensuring judicial efficiency.
The main legal point established in the judgment is that the court may dismiss a petition if it finds that the petitioners have suppressed material facts and filed the application to delay the procee....
Sub-rule(3) to Rule 10 empowers court to exercise its jurisdiction in appropriate cases to call for a fresh report by deputing another Commissioner.
The main legal point established in the judgment is that a new Court Commissioner should not be appointed unless the report of the earlier Commissioner is discarded, and parties are entitled to exami....
A party cannot create evidence by issuing a commission, and interlocutory orders do not constitute a case decided, thus revisions against such orders are not maintainable.
Point of Law : when the plaintiff approached the learned Munsiff for fixing the southern boundary of his property, the Munsiff is bound to adjudicate the dispute and to give a verdict.
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