KERALA STATE HOUSING BOARD Vs. KAGHUNADHA

JUDGEMENT

(1.) The Kerala State Housing Board, the third defendant in a suit instituted by the first respondent, is the revision petitioner. The relief prayed for in the plaint which led to the passing of the order under challenge is relief (e). It reads:-

(2.) The answer to the question, "Do the facts of the case warrant the issue of an order appointing a technical qualified personals commissioner to resolve the dispute covered by prayer 'e'", depends upon the construction of S.75 (e) and O.26 R.10A of the Code of Civil Procedure. S.75(e) defines and limits the power of the court to issue a commission to hold a scientific, technical or expert investigation. The conditions and limitations prescribed in this connection, are contained in R.10 A of O.26. R.10 A reads:

(3.) It is thus clear that only for the purpose of a scientific, technical or expert investigation, a technically qualified person can be appointed as commissioner under this Rule and that too only, if the court is satisfied that it is necessary or expedient in the interest of justice to issue a commission to such a person. This in short is the scheme of the Rule.