A court may allow amendments to pleadings based on commission reports unless there are substantial reasons to set them aside.

JUDGMENT

The petitioners are the plaintiffs in O.S. No. 491/2012 on the file of the Munsiff Court, Chavakkad. The petitioners challenge the orders passed by the court in I.A. Nos. 1279/2019 and 1390/2019 in this petition. As per the order in I.A. No. 1279/2019, the application filed by the petitioners for setting aside the commissioner's report and for appointing a new commissioner was rejected by the court. By the order in I.A. No. 1390/2019, the trial court allowed the respondents herein to amend their pleadings.

2. The petitioners are aggrieved by the said orders mainly on the ground that the amendment was allowed on the basis of the commission report, which was under challenge before the trial court at the instance of the petitioners.

3. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents.

4. The learned counsel appearing for the petitioners vehemently contended that the commissioner's report ought to have been set aside and that a new commissioner should have been appointed.

5. The learned counsel appearing for the respondents submitted that the petitioners had earlier filed a similar application, which was not entertained by the court.

6. Having gone through the reasons stated in the impugned orders, the nature of the challenges raised against them, and the grounds mentioned in this Original Petition, I am of the view that there are no reasons to interfere in this matter by exercising the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India. The orders passed by the trial court are supported by sufficient reasons and were passed after considering the necessary records. No error apparent on the face of the record is found so as to invoke the extraordinary jurisdiction of this Court. If at all the petitioners suffer any prejudice owing to the said decisions, it is open to the petitioners to challenge the said order under Section 105 (1) of the Code of Civil Procedure , in case they have an occasion to file an appeal against the decree in the suit.

7. At the same time, it is to be clarified that when the trial proceeds further and if the trial court finds that a further inspection of the property is necessary or that the commissioner’s report requires to be remitted back, it shall be open to the court to pass appropriate orders in that regard. At any rate, the original suit shall be disposed of at the earliest.

The Original Petitions are disposed of with the above observations.

Sd/-