AIR 2014 RAJASTHAN 116 ::(2014) 4 CivilCourtC 91

Rajasthan High Court

Hon'ble Judge(s): R. S. Chauhan , J

Civil P.C. (5 of 1908) , O.39 R.7— Inspectoin report - Made under O. 39, R.7 - Can be used as 'evidence' by trial court. AIR 1987 Ori 203, Diss. from. Although Order 39, CPC does not have a provision similar to the provision of Order 26, Rule 10 but it does not mean that an inspection report under Order 39, Rule 7, CPC would not amount to an evidence. After all the inspection report would have to be taken on record by the trial court; it would have to be marked as an exhibit and it would be relied upon by the one of the parties to the suit. The party disagreeing with the said inspection report would have the right to cross-examine the person who has submitted the inspection report. Thus, the inspection report would tantamount to an evidence. Therefore, the lpea that while a commissioner's report under Order 26, Rule 9 tantamounts to evidence, and inspection report under Order 39, Rule 7 does not tantamount to an evidence, is clearly unacceptable. AIR 1907 Ori 203 Diss. from. @page-Raj117 AIR 1981 Cal 319, and 2014 (2) ABR 547, Disting.(Para 9 13) .....