SHANTARAM DATTATRAY KEKAN Vs. BHAUSAHEB KARBHARI KEKAN

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the admission stage.

(2.) Issue that arises for consideration in the present petition is whether a Court Commissioner for measurement of land under the provisions of Sec. 75 r/w Order 26 Rule 9 of the Code of Civil Procedure, 1908 can be appointed even before a trial in the suit commences or whether such an appointment can be made only after adducing of evidence by both the parties. The issue arises essentially on account of divergence of views expressed by this Court in several of its decisions.

(3.) The power of Court to appoint Court Commissioner is traceable to Sec. 75 and Order XXVI Rule 9 of the Code of Civil Procedure, 1908 ( 'the Code ') which read thus: