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CHAITALI CHATTERJEE DAS
Gita Rani Patra – Appellant
Versus
Renuka Naskar – Respondent
JUDGMENT
Chaitali Chatterjee Das, J.—This application under Article 227 of the Constitution of India is directed against an order dated November 28, 2024 passed by the Learned Court of Civil Judge (Junior Division) 4th Court, Howrah in title suit no 263 of 2012 (Smt. Gita Rani Patra versus Renuka Naskar and others) refusing to accept the Commissioners report submitted by the Learned Advocate Commissioner on August 28, 2019.
2. The matter arises out of a suit for declaration, mandatory injunction and permanent injunction registered as title suit no 263 of 2012 was filed by the present petitioner being plaintiff praying for:—
a) Decree for declaration that the plaintiff are the owner of the property as described in Schedule A,C of the plaint and have right for using the common passage as described in Schedule D and E of the plaint.
b) Decree for mandatory injunction directing the defendant to remove the offending construction which has been constructed on the common passage as described in Schedule D and e of the plaint failing which the plaintiff may be given liberty to remove the encroached portion as shown in the sketch map.
c) Decree for permanent injunction restraining the
Appointment of Advocate Commissioner – Object of local investigation is not to collect evidence which can be taken in court – Court should not act as an expert to overrule report of Commissioner unle....
The discretionary nature of relief under Order 26 Rule 9 of CPC and the limited scope for entertaining a petition under Article 227 of the Constitution of India.
The court established that the appointment of a commissioner under Order XXVI Rule 9 of the CPC is not to be used as a means to collect evidence after the closure of proceedings, and such application....
The Advocate Commissioner's report is non-adjudicatory and serves only to assist the court, not to bind it in decision-making.
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