Rukmani v. M.Alexander
Case brief
What is this about?
Advocate Commissioner report — application to eschew/scrap second Commissioner's report (dated 23.01.2015) held not maintainable where both Commissioners' reports (20.06.2012 and 23.01.2015) are on record and unscrapped — contradictions between Commissioner reports to be resolved by examining the Commissioners, not by fresh appointment — defendants free to argue at suit arguments that earlier report is correct and to examine both Commissioners — Civil Revision Petition under Article 227 Constitution of India disposed of without interference, no costs — District Munsif Court, Tambaram — O.S.No.169 of 2011 — I.A.No.2 of 2023 — I.A.No.381 of 2017 — I.A.No.1256 of 2011.
What did the court decide?
Where both Advocate Commissioners' reports are available on record and have not been scrapped, an application by a party seeking to scrap one of the reports (here, the report dated 23.01.2015) is not maintainable.