RAVI VARMA Vs. MAHESH S/O RADHAKRISHNAN

JUDGEMENT

(1.) The dismissal of an application seeking remission of the Commissioner's Report is under challenge by the defendant in the suit.

(2.) The court below noticed that there are two commissioner's reports available in the suit. It is the contention of the petitioners-defendants that there are contradictions between both the reports. The court below has left open the right of the defendants to adduce evidence and substantiate their contention regarding the contradictions and non-acceptability of the commissioner's reports.

(3.) It is the further case of the petitioners that they have suffered damages with relation to the construction under question in the suit and that the same needs to be assessed by the Commissioner. Noticeably, there is no plea of set off or counter claim. In such circumstances, the said submission cannot be countenanced. As noticed supra, it will be open for the petitioners to adduce evidence and prove at the time of trial regarding the non-acceptability of the Commissioner's Report or that the reports need be remitted back to the Commissioner. Without prejudice to the said rights of the petitioner, this original petition is dismissed.