Motilal Darshanlal Jaiswal vs Rekha Rameshlal Jaiswal and Others — Bombay HC (2025) — LawSathi Research

Motilal Darshanlal Jaiswal vs Rekha Rameshlal Jaiswal and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both orders dated 19.08.2024 (Exh.71) and 06.07.2024 (Exh.68) of the 10th Joint Civil Judge Senior Division, Amravati quashed and set aside; application for appointment of Court Commissioner (Exh.68) restored; matter remanded to the trial court to hear both parties afresh and decide the application within six weeks; both parties permitted to submit their record in support of their respective claims; no order as to costs.

Issue for consideration

Whether the trial court's orders dated 06.07.2024 (Exh.68) appointing a Court Commissioner to record the evidence of defendant No.1's witness Bhikusingh Ramchandra Gaur, and dated 19.08.2024 (Exh.71), were sustainable when no record/medical report was placed before the authority and the application was allowed only on the submissions of the respondent's counsel.

Court's answer

Both the orders dated 19.08.2024 passed below Exh.71 and dated 06.07.2024 passed below Exh.68 in Special Civil Suit No.359/2021 are liable to be set aside, since no medical report was placed before the authority.

Ratio / Principle

The writ petition is partly allowed and both the impugned orders are quashed and set aside.

Key takeaways

The application for appointment of Court Commissioner for examining witness Shri Bhikusingh Ramchandra Gaur (Exh.68) is restored.ratio¶15
The matter is remanded to the trial court, which is directed to hear both parties afresh and decide the application within six weeks.ratio¶15

Detailed headnote1 paragraphs

Writ Petition No.5050 of 2024, High Court of Judicature at Bombay, Nagpur Bench (Siddheshwar S. Thombre, J.), decided 14th October, 2025 - Motilal Darshanlal Jaiswal v. Rekha Rameshlal Jaiswal and Others. The High Court set aside the orders dated 06.07.2024 (below Exh.68) and 19.08.2024 (below Exh.71) passed by the 10th Joint Civil Judge Senior Division, Amravati in Special Civil Suit No.359/2021, whereby the trial court had appointed Mr. G.B. Paliwal, Advocate as Court Commissioner for recording the evidence of Bhikusingh Ramchandra Gaur, witness of defendant No.1. Holding that no medical report had been placed before the authority and the application was allowed only on the submissions of the respondent's counsel, the Court quashed both orders, restored the application (Exh.68), and remanded the matter directing the trial court to hear both parties afresh and decide the application within six weeks, permitting both parties to submit their record; no order as to costs.

2025:BHC-NAG:10976

1 85-WP-5050-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

WRIT PETITION NO.5050 OF 2024

Motilal Darshanlal Jaiswal Vs.

Rekha Rameshlal Jaiswal and Others

Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. S.M. Vaishnav, Advocate for the Petitioner. Mr. C.A. Babrekar, Advocate for the Respondents.

CORAM: SIDDHESHWAR S. THOMBRE, J . DATED : 14th OCTOBER, 2025

Heard Mr. S.M. Vaishnav, learned counsel for the petitioner and Mr. C.A. Babrekar, learned counsel for the respondents.

The petitioner is challenging the order dated 19.08.2024 passed below Exh.71 and order dated 06.07.2024 passed below Exh.68 in Special Civil Suit No.359/2021 by the 10^th Joint Civil Judge Senior Division, Amravati, whereby, vide order dated 06.07.2024 passed below Exh.68, the learned Trial Court appointed Mr. G.B. Paliwal, Advocate as Court Commissioner for recording evidence of Bhikusingh Ramchandra Gaur, witness of defendant No.1.

Learned counsel for the petitioner submits that there was no any record placed before the authority and only on the submissions of the learned counsel for the respondent, the said application at Exh.68 came to be allowed.

2 85-WP-5050-2024.odt

Without going to the contrary statements made by both the counsels and in view of the fact that no any medical report is placed before the authority, I am of the view that, both the orders dated 19.08.2024 passed below Exh.71 and order dated 06.07.2024 passed below Exh.68 in Special Civil Suit No.359/2021 by the 10^th Joint Civil Judge Senior Division, Amravati are liable to be set-aside.

In view thereof, the writ petition is partly allowed . Order dated 19.08.2024 passed below Exh.71 and order dated 06.07.2024 passed below Exh.68 in Special Civil Suit No.359/2021 by the 10^th Joint Civil Judge Senior Division, Amravati are hereby to be quashed and set-aside. The matter is remanded back to the learned trial Court. Application for appointment of Court Commissioner for examining witness Shri Bhikusingh Ramchandra Gaur (Exh.68) is restored. Learned trial Court is directed to hear both the parties afresh and decide the application within a period of six weeks. Both the parties are permitted to submit their record in support of their respective claims. No order as to costs.

(SIDDHESHWAR S. THOMBRE J.)

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