V P PADMANABHAN NAIR Vs. GRASIM INDUSTRIES MAVOOR

JUDGEMENT

(1.) In a suit for injunction, OS No. 892 of 1987 of the Munsiffs Court, Kozhikode filed by the Revision Petitioners, an application for issue of a commission was filed by them which was allowed and Sri. E. N. Gopalakrishnan, an advocate practising at Kozhikode, was appointed as Commissioner. He inspected the properties involved in the suit and filed a report. Thereafter, at the instance of the contesting defendants, the report was remitted to the same Commissioner with a direction to file a further report.

(2.) Defendants 3 to 6 filed IA No. 4310 of 1990 with a prayer to set aside the Commissioner's report and to appoint another commissioner. The application was allowed. Appointment of a fresh Commissioner was sought for as the former Commissioner, Sri. E.A. Gopalakrishnan ceased to practice at Kozhikode.

(3.) Parties went to trial. Advocate Sri. E. N. Gopalakrishnan who was the first Commissioner was summoned by the plaintiffs to be examined as a witness on their side. IA No. 4425 of 1993 was filed by the plaintiffs for permission to examine the said Commissioner. The application was dismissed on 13.10.1993 whereupon the revision petitioners filed CRP No. 1942 of 1993 against the order in IA No. 4425 of 1993. This Court as per Order dated 8.2.1995 allowed the revision. The order in CRP No. 1942 of 1993 is extracted hereunder: