1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5574 OF 2009 Kantilal Chogalal Soni .. Petitioner Versus The Municipal Corporation of Greater Bombay .. Respondent Mr.S.N.Vaishnawa i/by M/s.N.N.Vaishnawa & Co for petitioner. Mr.M.M.Malvankar for the respondent. CORAM : A.S.OKA, J. DATE : 20th July 2009. P.C.: . Heard learned advocate for the petitioner and the learned advocate for the respondent. Considering the narrow controversy involved, Writ Petition is forthwith taken up for final disposal. By the impugned order the prayer made by the plaintiff for exhibiting report of the Court Commissioner appointed in the same suit has been rejected. 2. The sub-rule (2) of Rule 10 of Order XXVI of the Code of Civil Procedure, 1908, provides that the report of the Commissioner and the evidence 2 taken by him shall be evidence in the suit. In the circumstances, if the report of the Commissioner and evidence, if any, taken by him is on record, the same will have to be read in evidence. The evidentiary value of such evidence has to be decided at appropriate stage. It is always open for the parties to examine the Commissioner on oath. 3. Subject to what is observed above, the petition is disposed of by directing that the report of the Commissioner shall be admitted in evidence and the same shall be marked as an exhibit. (A.S.OKA,J)