KOCHI: The Kerala High Court has held that an Advocate Commission has no right to be heard before his report is set aside and he cannot be considered as an aggrieved person if another Commission is appointed for the same purpose.
Justice V Chitambaresh passed the order while dismissing a petition filed by an Advocate Commission challenging the Alappuzha Munsiff Court order setting aside his report filed in a suit and appointing another to execute the warrant of appointment. The Commission had filed a report in a property dispute case and stated that property could not be identified with reference to the documents of title. The complainant further filed an application to appoint another Commission and sought to set aside an earlier interim report. Considering the application, the Munsiff court set aside the report and appointed another Commission. This was challenged before the High Court.
The petitioner submitted that he was not heard before appointing another Commission to complete the task.The court pointed out that the Commission should take an impartial stand and behave in such an exemplary manner giving no room for any allegation of bias from any of the litigating parties. The panel’s duty is only to record evidence and give a report of the true state of affairs.