P&H HC asks Civil Court to pass fresh Order where Local Commissioner’s report was set aside after opposite party objected to it

Read Order: Balbir Kaur v. Master Simranjit Singh minor through his partner/natural guardian S.Harjinder Singh and Others

Monika Rahar

Chandigarh, March 1, 2022: In view of observations made by the Division Bench of Punjab and Haryana High Court in Balbir Dewan Cold Storage and General Mills vs. Naveen Chander 1989 (1) PLR 677, the Bench of Justice Anil Kshetarpal of Punjab and Haryana High Court has set aside the Trial Court order whereby the report submitted by the Local Commissioner appointed in a civil suit, was set aside by the Lower Court on the objections made by the opposite party. 

While directing fresh orders to be passed, the Bench said, “The civil court is requested to pass a fresh order after taking note of the law laid down by the Division Bench of this Court in Balbir Dewan Cold Storage and General Mills’s Case (supra).”

The Civil Court vide the impugned order, set aside the reports submitted by the Local Commissioner appointed in a civil suit under Order 26 of CPC after it was objected to by the respondent. 

The petitioner’s counsel contended that there was no provision for inviting any objection to the report of the Local Commissioner in CPC. He further submitted that in any case, if the objections to such report of the Commissioner were made, the court could summon the Local Commissioner and examine him on oath, while granting an opportunity to the parties to cross-examine him. To corroborate his arguments, the Counsel placed reliance upon Balbir Dewan Cold Storage and General Mills’s Case (supra). 

The counsel representing the respondent failed to draw the attention of the Court to any different view on the subject. 

Keeping in view the aforesaid facts, the order under challenge was set aside.