2017 AIR CC 1009 (KER) ::(2017) 1 Ker LT 1041

Kerala High Court

Hon'ble Judge(s): P. R. Ramachandra Menon, P. Somarajan , JJ

(A) Civil Procedure Code (5 of 1908) O. 26, R.10, S.151 — Commissioner— s report — Powers of Court — Said report can in no event be set aside by court — Probative value of same can be looked into — Court cannot exercise its inherent jurisdiction under S 141 where there is no provision for setting aside Commissioner— s report AIR 2016 Cal 33, Dissented from The mandate under O.26, R.10 is that report ' œshall be in evidence in the suit and shall form part of record' ? So in no event it can be set aside but the probative value of the same can be looked into and assessed at time of hearing of suit or proceedings. If it is found that there is no probative value attached to the said document, the court need not act upon document but there is no provision for setting aside same under O.26, R.10 as mandate included therein says otherwise. When there is provision to meet a particular situation in CPC, court is not expected to exercise jurisdiction under S. 151, CPC. A strict interpretation of O.26, R.10 would show that there is no scope or occasion for setting aside report of commissioner which is ' œshall be in evidence in the suit and shall form part of the record.' ? AIR 2016 Cal 33, Dissented from. (Paras 31, 42) .....