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Judgment
Justice V. Chitambaresh
An order refusing to remit the report of the Advocate Commissioner in a suit for damages and consequential injunction is under challenge. The petitioner/defendant contends that the Advocate Commissioner has not correctly estimated the value of the work done with the assistance of the Assistant Executive Engineer, PWD. It is also pointed out that the valuation report is fraught with arithmetical mistakes and that the same cannot be relied upon. All these are matters to be considered by the court below at the time of trial of the suit wherein the parties will be afforded an opportunity to lead evidence. It is open to the petitioner to lead evidence to contradict the report and the valuation made by the Advocate Commissioner. The petitioner is free to examine other experts and rely on additional data to substantiate his objection to the report of the Advocate Commissioner.
The court below is at liberty to remit the report to the Advocate Commissioner if it finds that the same is lacking in material particulars. The same shall be done if necessary after the evidence is recorded at the time of trial of the suit and ofcourse untrammeled by the order impugned.
The order of the court below is affirmed subject to the above clarification. The Original Petition is disposed of.