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1987 DIGILAW 645 (KER)

Superintendent Of Survey and Land Records v. Raveendranathan

1987-12-14

BHASKARAN NAMBIAR

body1987
Judgment :- 1. The State it the revision petitioner. The court below issued a Commission at the instance of the plaintiffs. The Commission inspected the property and then claimed additional remuneration. Rs. 250/-was awarded as additional remuneration for the Commissioner; but it was directed that the amount will be paid by the State. The State is aggrieved by this order. Even though the amount directed to be paid is insignificant, the Government Pleader submits that there is no justification to direct the State, the defendant, to pay the amount of the Commission in view of 0.26 R.15 which reads thus: "15. Expenses of commission to be paid into Court. Before issuing any commission under this Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid into Court by the parly at whose instance or for whose benefit the commission is issued." Order 26 R.15 controls the discretion of the court in fixing the commission remuneration only before issuing the Commission. It has nothing to do with the sanction of additional remuneration or does not curtail the discretion of the court to direct payment of the additional remuneration to be paid by one or other party to the suit. It is difficult to agree with the submission of the Government Pleader that the additional remuneration due to a Commission for the work done should not be directed to be paid by the defendant or by the State who is a party. In this view, this C. R. P. has no merits and has to be dismissed. It is accordingly dismissed. No costs.