BABASAHEB LIMBAJI METE Vs. SUMANBAI BAJARANG SARAF

JUDGEMENT

(1.) By the impugned order, the trial court has allowed the application for issue of summons to the court commissioner whose report was on record at Exhibit 158.

(2.) The application calling the court commissioner as witness was opposed in the trial court as well present petition is pressed relying on judgment of this court in case of Doma s/o. Lalaj Chachera Vs. Executive Engineer, Gosekhurd Rehabilation Division and others others, reported 492 in 2007(1) B.C.J. 492. This judgment was also cited before the trial court.

(3.) The petitioner relies on the legal position namely, deletion of Rule 17A of Order XVIII in 2002, urging that this deletion will have to be given effect to, and therefore now the witness cannot be called. Based on this submission it is urged that present Writ Petition be dismissed.