Right to examine a Commissioner before objections to the report are decided and the report is finally acted upon

When objections are raised to a Commissioner's report, the objecting party must be given a fair opportunity to examine the Commissioner before the report is finally relied on or rejected. The report cannot be conclusively acted upon while that evidentiary challenge remains unresolved. The question whether the report should be scrapped, or whether a re-visit or appointment of another Commissioner is required, must be considered only after such examination and after the objections are assessed. The petitioner was therefore entitled to examine the Commissioner, and the challenge to the report was remitted to the trial court for fresh consideration thereafter.

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Issues: (i) Whether a party aggrieved by a Commissioner's report is entitled to examine the Commissioner as a witness before the report is considered. (ii) Whether the request to scrap the Commissioner's report should be decided only after such examination.

Issue (i): Whether a party aggrieved by a Commissioner's report is entitled to examine the Commissioner as a witness before the report is considered.

Analysis: A party who has filed objections to a Commissioner's report is entitled to an opportunity to examine the Commissioner. The report cannot be finally acted upon without giving such opportunity when the party seeks to test the report through evidence.

Conclusion: The petitioner was entitled to examine the Commissioner, and the order refusing that opportunity was set aside.

Issue (ii): Whether the request to scrap the Commissioner's report should be decided only after such examination.

Analysis: The question whether the report should be scrapped, or whether any further course such as re-visit or appointment of another Commissioner is required, depends on the Commissioner being examined and the objections being considered thereafter. The trial court was therefore required to take up that request only after the examination.

Conclusion: The matter relating to scrapping of the Commissioner report was remitted to the trial court for decision after examination of the Commissioner.

Final Conclusion: The order granted the petitioner an opportunity to examine the Commissioner and left the challenge to the Commissioner report for fresh consideration by the trial court after such examination.

Ratio Decidendi: When objections are raised to a Commissioner's report, a fair opportunity to examine the Commissioner should be afforded before the report is finally accepted or rejected.

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