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Samuel   02 June 2023

Effect of ia petition which was allowed


The plaintiff  filed IA petition No 25/2012  to appoint commissioner in the First Appellate court and the plaintiff paid Commissioner fees .The commissioner gave report.Then  The respondent filed another IA  No.  07/2018  to scrab  the commission report  and it was allowed and appointed new commissioner and  asked the petitioner/respondent  to  pay commissioner fees  which was  appealed  in HC by CRP which was also dismissed in favour of defendant .The respondent failed to pay the commissioner fees and the IA petition No 07/2018  to scrab the Commission report filed by the Respondent was dismissed for default. 

Now  the following two question raises to me.

1. Whether the first Commission  report in IA No. 25/2012  is valid by law and in spirit. 

2. Whether the grounds  stated  by the Respondent in the IA petition  No.07/2018  is valid now and  whether the same  grounds can be taken  as  grounds for rejecting the first commission report by the  first Appellate court   while  disposing the appeal. Is there any case laws or  concerned  Civil Procedure Code applicable for this context 

Sirs May please clarify.  


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     02 June 2023

1. The subsequent IA filed by the respondent/defendant was dismissed for default, whereas the court has not decided the original IA if so, the petitioner of the original IA has to pursue it and conduct it properly.

Until the court has not passed any order in it, the status of that IA will be considered as pending.

2. The counter objection raised by respondent in first IA only will be taken for consideration for deciding the original IA and not the pleadings made in the subsequent IA.

1 Like

Samuel   02 June 2023


Whether the Commission report given in the First IA is valid now.

And whether the pleadings once admitted in the second IA which was dismissed for default will be accepted in 

again in the appeal in favour of the defendent who filed second IA to defeat the first commission report

Dr. J C Vashista (Advocate and Legal Consultant)     03 June 2023

You have stated to have filed IA in First appellete court for appointment of local commissioner, is it maintainable in an appeal ? I do not find it maintainable.

Subsequently when LC report is stated to have been submitted and taken on record by the Court and the LC has been examined (chief as well as cross) where is the question of its (report) validity or otherwise ?

The facts posted are not clear.

Samuel   03 June 2023


LC was not examinined for chief as well as cross so far.  But he submitted his report. Then posted for arguments. At that time Respondent filed  IA to scrap Report of LC . Then appointed new commissioner asking Repondent to pay commissioner fees,failing which the IA was dismissed.Now the first report of  first LC is maintainable, sir


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