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[Landmark Judgement] Soni Dineshbhai Manilal v. Jagjivan Mulchand Chokshi (2007)

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Landmark Judgment Law Insider (1)

Published on: 21 September 2022 at 11:18 IST

Court – Supreme Court of India

Citation – Soni Dineshbhai Manilal v. Jagjivan Mulchand Chokshi (2007) 13 SCC 293

Honourable Supreme Court of India has held that Order 26 Rule 11 of the Code of Civil Procedure 1908 provides for Appointment of a Commissioner to examine or adjust accounts if it is necessary to determine the issue involving monetary relief. The Report of Commission is part of the evidence before the Hon’ble Court.

The High Court in its impugned judgment had taken the said facts into consideration. Order 26 Rule 11 of the Code of Civil Procedure provides for appointment of a Commissioner to examine or adjust accounts, if necessary. He is competent to decide all questions raised before him, taking into consideration all aspects of the matter. He is to assist the Court. A Commissioner’s report can be set aside only upon assignment of proper and sufficient reasons.

In the event any defect in the conduct of inquiry by him is found out, the Court may issue any further directions. A further inquiry can also be ordered. A report of the Commissioner is a part of the record. It is to be treated as evidence in the suit.

Drafted By – Abhijit Mishra

Key Words – Appointment of Commissioner, Monetary Relief