CIVIL REVISION regarding dismissal of application under Order 7 Rule 11 CPC based on Commissioner's report. Court found no error as trial court correctly held suit depends on evidence on record. Revision dismissed.
Revision petition dismissed with clarification that suit to be decided on evidence on record.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR --------------------------------------------------------
CIVIL REVISION No. 219 of 2007
RAVINDRA NATH & ORS. V/S PURUSHOTTAM LAL & ORS.
Mr. MS SINGHVI, for the appellant / petitioner
Date of Order : 3.9.2007
HON'BLE SHRI N P GUPTA,J.
ORDER -----
Heard learned counsel for the petitioner. Perused the impugned order.
From the perusal of the order it transpires that
application Order 7 Rule 11 was filed on the basis of the report of the Commissioner which reported that the land in question belongs to the defendant. It also appears from the impugned order that multiple reports are available on record prepared by different authorities in different capacities of different commissioners. Then, the learned trial court has found that the suit cannot be decided on the basis of the commissioner's report but is to be decided on the basis of the evidence that come on record.
In that view of the matter, I do not find any error in the impugned order. However, it is clarified that the learned trial court will decide the suit on merits in
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accordance with the evidence that comes on record without in any manner being obsessed by any of the observations made by the learned trial court, in respect of any of the Commissioners' reports, or on merits of the case.
The revision petition is accordingly dismissed,
with the above observations.
( N P GUPTA ),J.
/sushil/
1 issue framed by the court
Whether the trial court erred in relying on the Commissioner's report instead of evidence on record for deciding title.
1 provisions across 1 enactments
RAVINDRA NATH & ORS.
PURUSHOTTAM LAL & ORS.
N P GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
