RAJINDER AND COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) We cannot appreciate why the High Court had interfered with that part of the order passed by the trial court appointing a Commission for inspecting the site and to file a report and to measure the work done by the respondent. The learned counsel for the appellants submits that the respondent will not be made responsible for the cost or expenses which may be involved in the Commission to file the report. The question whether the Commissioner's report is finally acceptable or not would be decided by the Court dehors the order passed by the authority concerned. In the light of the said innocuous position it was not necessary for the High Court to alter the trial court's order. We, therefore, set aside the impugned order of the High Court and restore the order of the trial court in full measure, with the rider that this action will be without prejudice to the right of the parties to substantiate the respective contentions regarding the tenability or untenability of the Commissioner's report and its conclusions.

(3.) The appeal is disposed of.