AMINUDDIN Vs. KALYAN

JUDGEMENT

(1.) Heard the learned advocate for the petitioners and the learned advocate for the respondent No. 2. The other respondents have been duly served but have not appeared.

(2.) Rule. The Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally at the stage of admission.

(3.) The petitioners who are the original plaintiffs are impugning the order passed by the Trial Court rejecting their application (Exh. 120) whereby they prayed for calling the Court Commissioner for examination under the enabling provision of Order XXVI Rule 10(2) of the Code of Civil Procedure. Apparently, only because they chose to articulate the prayer and were seeking permission to cross-examine the court Commissioner that by the impugned order the Trial Court has rejected the application, however, expressly observing that the petitioners would be at liberty to call the Commissioner for examination strictly in accordance with Order XXVI Rule 10(2) of the Code of Civil Procedure.