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Shobha

High Court Of Kerala|20 June, 2014
|

JUDGMENT / ORDER

An order setting aside the report of the Advocate Commissioner in a suit for permanent prohibitory injunction is impugned. The court below has all the powers to direct further enquiry under Order XXVI Rule 10 (3) of the Code of Civil Procedure. The court below was evidently dissatisfied with the existing report and has therefore set it aside. No prejudice would be caused to the parties by obtaining a fresh report on the basis of the relevant inputs. The impugned order is merely procedural and does not affect the right of the parties. There is no error of jurisdiction warranting interference. The Original Petition is dismissed. No costs.
nj.
Sd/- V.CHITAMBARESH, Judge.
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Title

Shobha

Court

High Court Of Kerala

JudgmentDate
20 June, 2014
Judges
  • V Chitambaresh
Advocates
  • Sri Sherry J
  • Thomas