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2004 DIGILAW 1374 (SC)

SURYANARAYANA REDDYS v. NAWAB MD. KABIRUDDIN KHAN (DEAD) BY LRS.

2004-09-30

G.P.MATHUR, P.K.BALASUBRAMANYAN, R.C.LAHOTI

body2004
ORDER 1. THIS APPEAL IS DIRECTED AGAINST AN INTERLOCUTORY ORDER PASSED BY THE HIGH COURT. THE HIGH COURT HAS, AT ONE STAGE OF THE HEARING IN SECOND APPEAL, DIRECTED A COMMISSION FOR LOCAL INVESTIGATION TO BE APPOINTED. 2. THE SUBMISSION OF THE LEARNED SENIOR COUNSEL FOR THE APPELLANTS IS THAT THE HIGH COURT IN SECOND APPEAL IS ENTERING INTO INQUIRY ON QUESTIONS OF FACT. WE ARE NOT IMPRESSED. 3. THE POWER TO APPOINT A COMMISSION TO MAKE LOCAL INVESTIGATION CONFERRED ON THE COURT BY ORDER 26 RULE 9 CPC IS AVAILABLE TO BE EXERCISED BY THE TRIAL COURT AND ALSO BY ANY COURT OF APPEAL. WHETHER THE HIGH COURT WOULD INTERFERE WITH THE FINDINGS OF FACT OR NOT, IS A QUESTION WHICH WILL BE GONE INTO AT THE TIME OF FINAL HEARING AND ALL THE PLEAS WHICH ARE SOUGHT TO BE URGED BEFORE THIS COURT, ARE AVAILABLE TO BE URGED BEFORE THE HIGH COURT. 4. THAT BEING THE POSITION, WE ARE NOT INCLINED TO INTERFERE WITH THE IMPUGNED ORDER. THE APPEAL IS DISMISSED.