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    <title>2019 (2) TMI 1953 - BOMBAY HIGH COURT</title>
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    <description>Order XXVI Rule 10 CPC treats the commissioner&#039;s report and recorded evidence as part of the record, but the report is not conclusive and a party may, with the Court&#039;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.</description>
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      <description>Order XXVI Rule 10 CPC treats the commissioner&#039;s report and recorded evidence as part of the record, but the report is not conclusive and a party may, with the Court&#039;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.</description>
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