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1996 Supreme(Mad) 94

S.S.SUBRAMANI
Vemba Gounder – Appellant
Versus
Pooncholai Gounder – Respondent


S. K. Raghunathan, A. K. Kumaraswamy, Advocates.

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  1. The Court was dissatisfied with the report submitted by the Commissioner and rejected it, leading to the dismissal of the application for appointing a second Commissioner (!) (!) .

  2. The case involved a suit for declaration of title and recovery of possession, where a Commissioner was appointed during pre-trial, and objections were raised to the report filed by the Commissioner (!) .

  3. The Court emphasized that if it is dissatisfied with a Commissioner's report, it has the authority to direct further inquiry but must do so based on a clear finding of dissatisfaction with the previous proceedings or report (!) .

  4. The legal position is that appointing a second Commissioner without the Court passing an order under the relevant procedural rule (O.26 R.10(3)) is improper and contrary to established principles. Such appointment should only occur if the Court is dissatisfied with the previous report, and reasons must be recorded (!) (!) (!) (!) .

  5. Several judicial decisions and authoritative texts agree that the Court cannot issue a second Commission unless it is explicitly dissatisfied with the first report and has recorded reasons for superseding or disregarding it (!) (!) (!) (!) (!) (!) (!) .

  6. The Court noted that in the absence of a specific finding that the previous report is unsatisfactory or faulty, the Court's action to dismiss the application for a second Commission was justified and consistent with legal principles (!) .

  7. The petitioner had the opportunity to examine the Commissioner or present evidence to challenge the report but failed to do so effectively. Merely raising objections without proper steps does not warrant issuance of a second Commission (!) .

  8. The Court clarified that if it finds the report unsatisfactory, it need not insist on a formal application for a second Commission; the Court can directly appoint a second Commissioner or remand the matter for further proceedings (!) .

  9. The Court highlighted that the proper procedure involves the Court first disposing of objections to a report in open Court, and only if the report is found unsatisfactory should a second Commission be issued or the existing one be remitted for correction (!) (!) .

  10. The Court dismissed the revision petition, reaffirmed that the trial Court should follow the correct procedure when dealing with Commissioners' reports, and clarified that the petitioner retains the right to seek appropriate remedies to challenge or set aside the report, provided proper procedural steps are followed (!) .

These points summarize the legal principles and procedural requirements concerning the appointment and evaluation of Commissioners under the relevant rules, emphasizing the necessity of a clear dissatisfaction and proper record before appointing a second Commissioner.


Judgment :

This revision is by the petitioner in I.A. No. 3879 of 1994 in O.S. No. 701 of 1992, on the file of the District Munsifs Court, Tindivanam.

2. The suit is one for declaration of title and recovery of possession of the schedule mentioned property, in which, according to the petitioner/plaintiff, the respondent, defendant has committed trespass. During pre-trial stage, petitioner filed an application for the issue of a Commissioner, and the same was allowed.

3. An Advocate-Commissioner visited the Property. It is said that after expiry of a long time, he filed the report dated 1-11-1993. The petitioner filed objections to the report on 7-1-1994, and the same is pending consideration by the Court below. In the meanwhile, he filed I.A. 3879 of 1994 on 18-11-1994 seeking appointment of another Commissioner. An objection was raised by the respondent stating that when the earlier report is pending consideration, a second Commissioner cannot be deputed and even if there is any defect in the report of the Commissioner, the remedy of the petitioner is only to have a supplementary report by issuing the warrant to the same Commissioner.

4. By the impugned order, Court below dismis



















































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