If any party raises objection on the Report, the
Commissioner shall be examined : –
The A.P. High Court observed that according to sub-rule
(2) of Rule 10 of Order XXVI, the report of the Commissioner
and the evidence taken by him during the inspection shall be
evidence in the suit and shall form part of the record was held
in Smt. Vadda Rajeswaramma Vs., Dr. V.L.Narasimha
Charyulu and Others, AIR 1988 AP 202. Therefore, there
is no controversy with regard to admissibility of the report as
evidence during the trial and making the report of the
Commissioner part of record. However, it is said, before the
report is made part of the record and taken as piece of
evidence; it is open for the Court to examine the
Commissioner on matter referred to him in his report or as to
the manner in which he made the investigation. It is open for
the parties also to examine the Commissioner or on the
manner in which he had conducted the investigation. The
court observed that this is the only interpretation which can
be placed upon sub-rule (2) of Rule 10. It is a different
manner if neither the Court not any of the parties take any
objection to the report. In such a situation the report
becomes final and becomes part of the record and can also
11
be taken as piece of evidence. But once a party objection to
the and specifically wants that the Commissioner be
examined, the Court has no option but to examine the
Commissioner. Unless that is done, the Commissioner’s
report can neither form part of the record nor can it become a
piece of evidence which could be relied upon at the stage of
disposal of suit.

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