Heard learned counsel for the petitioner and gone through the records.
By means of this writ petition, the petitioner has sought for writ in the nature of certiorari quashing the order dated 18.05.2012 passed by the Prescribed Authority in Rent Control (PA Case No. 4 of 1997, by which application for issue of Commission has been rejected.
The tenant has moved an application for issue of commission to examine the establishment of shops in possession of the occupant and his sons. A commission cannot be issued to collect the evidence. The Learned Prescribed Authority has rightly observed that the release application is pending for the last fifteen years and the tenant, who is petitioner before this Court is getting it adjourned on one pretext or the other. The factum of release of the shop in possession of the tenant as lessee, is in question. The tenant did not move any application for issue of commission regarding the shop in question, for the release of which the learned Prescribed Authority is concerned. The scope of commission under Order XXVI C.P.C cannot be extended to collect the evidence covering the entire family of any of the parties regarding any plea about the landlord or his sons are in occupation of several buildings. The evidence could be led by the parties. The commissioner cannot be substituted as an Evidence Collection Agent. The learned Prescribed Authority has wisely rejected the application so as to discourage scrupulous litigant to move such motivated application solely with a view to prolong the proceeding to its maximum.
It is true, that in an adversarial system, no party should ordinarily be denied the opportunity of participating in process of justice dispensation. The object behind the provision to issue commission, is to expedite the hearing and not to scuttle the same. This petition demonstrates, how a determined and dishonest litigant can interminably drag a litigation to frustrate the results for judicial determination in favour of the other side.
The Hon'ble Apex Court in the case of Ravinder Kaur v. Ashok Kumar & Anr. AIR SCW 7153, has held that' "Courts of law should be careful enough to see through such diabolical plans of the judgment-debtors to deny the decree-holders the fruits of the decree obtained by them. These type of errors on the part of the judicial forums only encourage frivolous and cantankerous litigations causing law's delay and bringing bad name to the judicial system."
With these observation, the writ petition is dismissed.
Order Date :- 17.9.2012/Nitesh