Court Commissioner examination under Order XXVI Rule 10 remains available despite rejection of objections to the report.

Order XXVI Rule 10 CPC treats the commissioner's report and recorded evidence as part of the record, but the report is not conclusive and a party may, with the Court's permission, examine the commissioner on matters referred to in the report or the manner of investigation. Where the petitioners had objected to the report, rejection of that objection did not extinguish their entitlement to seek such examination. The trial court erred in treating the earlier rejection as a bar to permission, and the refusal to allow examination of the Court Commissioner was unsustainable.

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Issues: Whether the petitioners were entitled to examine the Court Commissioner under Order XXVI Rule 10 of the Code of Civil Procedure, 1908, despite their objection to the commissioner's report having been rejected.

Analysis: Order XXVI Rule 10 of the Code of Civil Procedure, 1908 makes the commissioner's report and the evidence taken by him part of the record, but it also permits a party, with the permission of the Court, to examine the commissioner touching matters referred to in the report or the manner of investigation. The report is not conclusive. Since the petitioners had objected to the report, they had not ed it, and the rejection of their objection did not take away their entitlement to seek examination of the commissioner. The trial Court misapplied the rule in treating the prior rejection of objection as a reason to refuse permission.

Conclusion: The petitioners were entitled to examine the Court Commissioner, and the refusal to grant permission was unsustainable.

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