AI Overview...
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Commissioner Appointment Without Notice - The appointment of a commissioner without notice to the defendant is generally considered invalid under Order 26, Rule 9, 10, 18 of the Civil Procedure Code (CPC). Courts have held that such appointments violate procedural requirements, rendering the report inadmissible unless properly called in evidence. For instance, Achuthan VS Kunhipathumma - Kerala, Mandera Mukherjee VS Sachindra Chandra Mukherjee - Patna.
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Multiple Commissioners and Reports - The issuance of a second commission without setting aside or invalidating the first report is permissible under certain circumstances, such as when the court is dissatisfied or when the first report is not challenged. However, unless the first report is expressly set aside, reliance on subsequent reports without doing so is questionable. This is discussed in Balakrishna Menon VS Padmavathy Amma - Kerala, Francis Assissi VS SR. Breesiya - Current Civil Cases, FRANCIS ASSISSI, S/O. THATTILMANDI JOSEPH VS SR. BREESIYA MOTHER SUPERIOR, INFANT JESUS CONVENT - Kerala.
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Evidence of Commissioner Reports - The reports prepared by commissioners, including advocate commissioners, are considered evidence in a suit under Order 26, Rule 10 and Rule 12(2) CPC. Their reports can be relied upon unless challenged or set aside properly. For example, Radhakrishnan Karthav S/o Late Gopalapanicker vs Nabeesa W/o A.K. Muhammed - Kerala, RAVI vs MANORANJITHAM (DIED) 1. Anandhi - Madras.
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Procedural Validity and Disputes - The courts emphasize that commissioner reports must follow proper procedural steps, including notice and the opportunity for parties to object. Failure to do so can render the report inadmissible or require its remittance. JOGINDER CHADDA VS RAKESH KUMAR - Delhi, Achuthan VS Kunhipathumma - Kerala.
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Implication for Evidence Value - A commissioner’s report has evidentiary value only if it is prepared following proper procedures, including notice to parties and opportunity for cross-examination or objections. Without such procedural safeguards, the report’s value in evidence is limited or nullified.
Analysis and Conclusion:
A commissioner’s report without prior notice to the defendant generally has no evidentiary value unless it is called in as evidence and properly substantiated. Multiple reports can be relied upon if prior reports are not set aside, but procedural correctness is essential. The courts consistently hold that procedural violations, especially regarding notice, compromise the admissibility and evidentiary weight of commissioner reports. Therefore, a report prepared without calling the defendant or without following proper legal procedures has no value as evidence in a civil proceeding.
Search Results for "Commissioner Report Without Calling Defendant having no Value in Evidence"
1992 0 Supreme(Ker) 348 • India - Kerala
P.A.MOHAMMAD
the appointment of a second commissioner and the reliance on the second report without setting aside the first report. ... without setting aside the report submitted by the first commissioner appointed by the trial Court. ... The dispute involved the appointment of a second commissioner and the reliance on the second report without setting aside the first ... In that case which arose under Order 26, Rules 11 and 12....
1966 0 Supreme(Ker) 278 • India - Kerala
S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
The court granted the application for a commission without notice to the defendant, and the commissioner conducted the investigation ... without the defendant's knowledge. ... Commission Report - Violation of Civil Procedure Code - Order 26, Rule 9, 10, 18 Fact of the Case: The defendant ... The application was granted by the learned Munsiff on 8 61962 without notice to the defendant. The commissioner visited the property and condu....
2017 0 Supreme(Del) 1247 • India - Delhi
VALMIKI J.MEHTA
– It is only when a report of Local Commissioner is prepared without notice to a person that Local Commissioner’s report cannot ... be looked into unless Local Commissioner is called in evidence and his report is substantiated by reference to revenue documents. ... Civil Procedure Code, 1908 – Order 26 Rule 10 – Report of Local Commissioner – Once a report of Local Commissioner is prepared in ... ....
• India - Current Civil Cases
P.R.RAMACHANDRA MENON, P.SOMARAJAN
of Commissioner – To be read in evidence ... u/r 4A – Report subject ... of Commissioner – Dissatisfaction of the court – Second commission can be issued without setting aside the first report. ... off from record or evidence. ... ... Rule 10(2) Report and depositions to be evidence in suit—The report of the Commissioner and the evidence taken by him (but not the ev....
1961 0 Supreme(Pat) 34 • India - Patna
ANANT SINGH
Whether the appointment of the commissioner without notice to the defendants was valid? 2. ... The appointment of the commissioner without notice to the defendants was without jurisdiction as per Rule 18 of Order 26 of the Code ... Finding of the Court: The court held that the order appointing the commissioner without notice to the defendants was ... Under Rule 10 (2) of Order 26 of the Code of Civil Procedure, t....
2024 Supreme(Online)(MAD) 21701 • India - High Court of Madras
Honourable Mr Justice V. LAKSHMINARAYANAN
Commissioner - Civil Procedure - CPC Order XXVI - The court established that a report by an Advocate Commissioner cannot be dismissed ... Issues: Whether the Advocate Commissioner's report can be scrapped based on alleged deficiencies in measurement as claimed ... Ratio Decidendi: The court held that unless there is a clear dissatisfaction with the Advocate Commissioner's report, mere ... Under Or.26 R.10(2) C.P.C. the report of the Commissioner is evidenc....
2006 0 Supreme(AP) 21 • India - Andhra Pradesh
A.GOPAL REDDY
Code of Civil Procedure – Order 20 Rule 15 – Partnership –Dissolution of – Whether the suit as such filed by the plaintiff without ... the report within six months from the date of his appointment and on filing such report the lower court shall dispose of the suit ... Having regard to the said fact, the Commissioner shall submit the report within six months from the date of his appointment and on filing such report the lower court shall dispose of the suit within six months thereafter.....
2016 0 Supreme(Ker) 696 • India - Kerala
P.R.RAMACHANDRA MENON, P.SOMARAJAN
10 14(3) – Before issuing the second commission there is no necessary need or requirement as to set aside the earlier and prior report ... -Under sub-rule (3) of Rule 14 of Order XXVI C.P.C it Is mandatory to set aside the prior report of the commission as for issuing ... ... Rule 10(2) Report and depositions to be evidence in suit—The report of the Commissioner and the evidence taken by him (but not the evidence without the #HL_ST....
2025 0 Supreme(Ker) 1458 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
of the advocate commissioner is considered evidence in a suit, and the plaintiffs did not challenge the report, which was crucial ... The court held that the trial court was not obliged to remit the report without objections from the plaintiffs. ... was valid evidence that remained unchallenged. ... 2) Is not the report of commissioner evidence in a suit under order XXVI Rule 12(2) CPC? If a court is dissatisfied with the #HL_START....
2002 0 Supreme(Mad) 1233 • India - Madras
K.GNANAPRAKASAM
Code of Civil Procedure, 1908-Order 26 Rule 9-Application for appointment of Commissioner for valuing property allowed-Defendant ... filed revision against the said order-No need of appointing an advocate commissioner when commissioner had already been appointed ... and also submitted reports. ... The defendant, without following any procedure, started to demolish the buildings in the suit property and only in the said circumstances, the suit was filed. ... an Advocat....
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