Local Commissioner’s Report Now Admissible Evidence; Parties Can Examine and Cross-Examine Commissioner

Landmark Judgment Law Insider (1)

Published on: April 19, 14:59 IST

Court: Supreme Court of India

Citation: Anjuman Intezamia Masajid v. Rakhi Singh (2024)

Honourable Supreme Court of India has held that the Report of the Local Commissioner appointed by the Trial Court is taken on record as an evidence. It is held that Parties to Lis with permission of the Hon’ble Court can examine and cross examine the commissioner. It is also held that the Hon’ble Court can direct further inquiry if it is not satisfied by the report of the commissioner.

16. In terms of Order 26 Rule 10, the Commissioner has to submit a report in writing to the court. The report of the Commissioner and the evidence taken by him constitute evidence in the suit and form a part of the record. However, the court and, with its permission, any of the parties may examine the Commissioner personally in open court touching any of the matters referred to him or mentioned in the report or as regards the report including the manner in which the investigation has been made. The court is also empowered to direct such further inquiry if it is dissatisfied with the proceedings of the Commissioner. The evidentiary value of any report of the Commissioner is a matter to be tested in the suit and is open to objections including cross-examination. A report of the Commissioner does not by and of itself amount to a substantive finding on matters in dispute and is subject to the process of the court during the course of the trial.

Drafted By Abhijit Mishra

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