LAXMI VISHNU KUMBHAR Vs. VASSUDEV PANDURANG NAIK

JUDGEMENT

(1.) ADMIT.

(2.) HEARD by consent. The only substantial question of law argued by the learned Counsel for the appellants is whether the Commissioner's report relied upon by the Lower Appellate Court could have been treated as evidence in the absence of any cross-examination by the other party. There is no dispute that the appellants had requested for permission for the cross-examination of the commissioner on which apparently, no order was passed. Yet, the Appellate Court has relied upon the commissioner's report and decreed the suit of the respondents. There is merit in the contention of the appellants. Indeed the report of the commissioner which has not been subjected to cross-examination could have been found part of the evidence as is clear from two judgments i) AIR 1988 ANDHRA PRADESH 202 BY BILAL NAZKI , J. and ii) AIR 2003 BOMBAY 52 BY A M . KHANWILKAR, J.