Case Note & Summary
The plaintiffs, Oil and Natural Gas Corporation Ltd., filed an admiralty suit for recovery of Rs.8,39,14,843/- plus US $45,26,707.88 and US $12,340 with interest at 18% p.a. The suit was referred to a Commissioner for recording evidence by order dated 23.10.2002, with Ms. Madhavi Diwan appointed as Commissioner. The order specifically provided that the Commissioner shall comply with Order 18 rules and record any objections, which shall be determined by the court at trial. Due to delay, the appointment was cancelled on 21.1.2004, but the court allowed reapplication. Chamber Summons No.304 of 2004 was taken out for reappointment, granted on 11.6.2004. The plaintiffs then took out the present Notice of Motion seeking a direction to determine the admissibility of documents sought to be produced through their witness Mr. S.K. Agarwal before the Commissioner. The court held that the earlier order dated 23.10.2002 clearly provided that objections to admissibility shall be recorded by the Commissioner and decided by the court at trial. Therefore, the present motion was premature and dismissed with no order as to costs.
Headnote
A) Civil Procedure - Admissibility of Documents - Commissioner's Powers - Order 18 CPC - The court declined to decide admissibility of documents at the interlocutory stage, holding that the Commissioner shall record objections and the court will determine them at trial. (Paras 1-4)
Issue of Consideration
Whether the court should determine the admissibility of documents sought to be produced by the plaintiffs before the Commissioner at this stage.
Final Decision
Notice of Motion dismissed with no order as to costs.
Law Points
- Admissibility of documents
- Commissioner's role
- Order 18 CPC
- Objections to be recorded and decided by court at trial
Case Details
2005 LawText (BOM) (05) 178
Notice of Motion No.1609 of 2005 in Admiralty Suit No.54 of 1999
Mr. S. Sen i/b Desai & Diwanji for the plaintiffs, Mr. V.K. Ramabhadran for the defendants
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Nature of Litigation
Admiralty suit for recovery of money
Remedy Sought
Direction to determine admissibility of documents sought to be produced by plaintiffs before the Commissioner
Filing Reason
Plaintiffs sought a ruling on admissibility of documents before the Commissioner
Previous Decisions
Order dated 23.10.2002 referring suit to Commissioner with direction that objections be recorded and decided by court at trial; appointment cancelled on 21.1.2004; Chamber Summons No.304 of 2004 granted on 11.6.2004 reappointing Commissioner
Issues
Whether the court should determine admissibility of documents at this stage before the Commissioner?
Submissions/Arguments
Plaintiffs sought determination of admissibility of documents; defendants opposed.
Ratio Decidendi
The court held that the earlier order dated 23.10.2002 clearly provided that objections to admissibility shall be recorded by the Commissioner and decided by the court at trial. Therefore, the present motion is premature and cannot be entertained at this stage.
Judgment Excerpts
The Commissioner shall comply with all the other provisions of the applicable rules contained in Order 18 and in particular, shall record any objection which is raised before him. The objections, if any, shall be determined by the court at the trial of the suit.
Procedural History
Suit filed for recovery; referred to Commissioner on 23.10.2002; appointment cancelled on 21.1.2004; Chamber Summons for reappointment granted on 11.6.2004; present Notice of Motion filed on 24.6.2005.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order 18
