Allowed
Debasish Tripathy v. Satyananda Sahoo
Orissa HCCMP/1010/2018
Case brief
AI extract
What is this about?
This judgment allows a petition challenging the rejection of an application to appoint a survey knowing commissioner under Order 26 Rule 9 CPC. The court held that if evidence is closed and the issue cannot be decided on record materials, a commissioner must be appointed.
What did the court decide?
Petition disposed of with observation that if the trial judge cannot decide the issue on available materials, a survey knowing commissioner must be appointed.