SYED MANJAR ALI Vs. RASHIDA KHATOON & ORS

JUDGEMENT

(1.) Challenge in this petition is made to order dated 08.12.2014 (Annexure P/1) and the order dated 09.02.2015 (Annexure P/1A).

(2.) The petitioner/plaintiff contended that earlier first application filed by defendants No.1 to 8 under Order 26 Rule 9 CPC was allowed by court below on 30.01.2014. Consequently first commissioner report was prepared on 23.02.2014 (Annexure P/12). Respondents No.1 to 8 filed objections against this report on 09.04.2014 (Annexure P/13). The court below allowed the said objections and directed appointment of fresh commission on 13.05.2014.

(3.) Shri Abhishek Bhadoriya assailed this order by contending that mandate of Order 26 Rule 10(3) CPC was not followed. The court below traveled beyond the scope of the report and passed a fresh order which was beyond the earlier commissioner's report. He submits that the court below has passed the order on irrelevant consideration. Thus order suffers from serious procedural flaw and liable to be interfered with. He also criticized the order dated 09.02.2015, by contending that his application filed under Section 151 CPC was not entertained and court below relied on the earlier order. Hence, this order be interfered with. He relied on certain judgments in support of his contention.