Commissioner's report evidence requires examination when objections are raised and a party seeks cross-examination under Order XXVI Rule 10.

Where objections are filed to a Commissioner's report and examination is sought, the party is entitled to have the Commissioner examined on the report, the matters referred to him, and the manner of investigation. Order XXVI Rule 10 treats the report and evidence taken by the Commissioner as part of the record and evidence in the suit, but that evidentiary use follows examination when a specific objection is raised. Only where no objection and no request for examination are made may the report be relied on without such examination.

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Issues: Whether a party to a suit has a right to have the Commissioner examined in respect of his report when objections are filed to the report.

Analysis: Order XXVI Rule 10 provides that the Commissioner's report and the evidence taken by him form part of the record and are evidence in the suit. The provision also permits the Court, or with its permission any party, to examine the Commissioner personally touching the matters referred to him, mentioned in his report, or the manner in which he conducted the investigation. The Court held that where a party specifically objects to the report and seeks examination of the Commissioner, the Court has no discretion to refuse such examination. Only where no objection is taken and no request is made does the report become part of the record and usable as evidence without such examination.

Conclusion: A party who objects to the Commissioner's report and seeks his examination is entitled to have the Commissioner examined, and the report can be treated as evidence only after such examination.

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