Dismissed

Jividevi v. Pappu Alias Prabhuram

Rajasthan HC15 Jul 2024CW/11185/2024

Case brief

AI extract

What is this about?

In a civil writ petition, the High Court of Rajasthan held that a trial court does not need to pass a separate order to decide objections to a Commissioner's report. The court ruled that Article 227 writ jurisdiction cannot be invoked to challenge the rejection of such objections and dismissed the petition.

What did the court decide?

The writ petition challenging the trial court's order rejecting objections to the Commissioner's report was dismissed. The stay petition was also dismissed.

Jividevi Vs Pappu Alias Prabhuram — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JD:28835]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 11185/2024

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Jividevi D/o Shri Lachharam, Aged About 60 Years, R/o Shivas, Tehsil Rani, District Pali.

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----Petitioner

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Versus

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Pappu Alias Prabhuram S/o Shri Manaram, Shivas, Tehsil Rani, District Pali.

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----Respondent

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For Petitioner(s) : Mr. R.C. Joshi For Respondent(s) : Mr. Bharat Shrimali

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JUSTICE DINESH MEHTA

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Order

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15/07/2024

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By way of present writ petition, the petitioner has challenged the order dated 05.07.2024 whereby, the objections in relation to the Commissioner report has been rejected by the trial Court.

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Mr. Joshi, learned counsel for the petitioner submitted that the Commissioner, who was appointed pursuant to the order dated 29.06.2024 passed by the trial Court has not furnished correct report, for which the petitioner submitted her objection.

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Learned counsel for the petitioner contented that the trial Court has rejected petitioner’s objection qua Commissioner report vide order dated 05.07.2024 without appreciating the facts and law. He submitted that order impugned is illegal.

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Heard learned counsel for the parties. This Court is of the view that the trial Court is not supposed to decide the objection filed by any of the party qua the Commissioner’s report by a separate order.

[2024:RJ-JD:28835]

[CW-11185/2024]

(2 of 2)

While deciding the T.I. application under Order 39 Rule (1) & (2) read with Section 151 of the Civil Procedure Code or while deciding the suit, the trial Court is required to consider the report while bearing in mind the objection filed by any of the parties in accordance with law.

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Needless to observe that Commissioner’s report is not an evidence by which anything stand proved - it is only an opinion of the Commissioner.

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The writ jurisdiction under Article 227 of the Constitution of India cannot be invoked to challenge the trial Court’s order of rejecting petitioner’s objection to Commissioner’s report. The writ petition is, therefore, dismissed, as there is no illegality or error of jurisdiction.

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The stay petition also stands dismissed accordingly.

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(DINESH MEHTA),J

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9-Arvind/-

Jividevi v. Pappu Alias Prabhuram

Case brief

What is this about?

What did the court decide?

Jividevi v. Pappu Alias Prabhuram

Case brief

What is this about?

What did the court decide?

What the court decided

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