Civil Revision No. 1486 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1486 of 2010 Date of Decision: 25.7.2011 *** Hazara Singh & Ors. .. Petitioners Vs. Kartar Singh & Ors. .. Respondents CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. R.S. Pathania, Advocate for the petitioners. Mr. H.S. Tuli, Advocate for respondents No.1,2,4,5,7,10,16,19,21 & 22. *** ARVIND KUMAR, J. The petitioners-JDs are aggrieved with order dated 24.12.2009 vide which their prayer for cross-examination of local commissioner has been declined. Heard. It is apparent from the paper book that the local commissioner was appointed in the pending execution petition so as to suggest the mode of partition between the parties. The JDs refrain from the proceedings carried out by the local commissioner and approached this Court by way of Civil Revision, wherein the final order was stayed. The proceedings are still going before the Executing Court below. According to the petitioners-JDs since the proceedings are going on and only final order is stayed, they want to cross-examine the local commission with regard to the omissions and commissions made by him in his report submitted in the Court. As per Order 26 Rule 10(2) CPC the report of the Commissioner and the evidence taken by him shall be evidence in the suit and shall form the part of the record and any of the parties to the suit may examine the commissioner personally in open Court. Thus, if the petitioners-JDs have any grouse with regard to the Civil Revision No. 1486 of 2010 2 report submitted by the local commissioner, it was obligatory on the part of the Court below to permit them to cross-examine the local commissioner. In this view of the matter, the instant petition is allowed and the impugned order is set aside. The learned trial Court is directed to grant the petitioners an effective opportunity to cross-examine the local commissioner. (ARVIND KUMAR) JUDGE July 25, 2011 Jiten