Court No. 6 (265719) 13.07.2026 (A 24) (S. Banerjee) CO 1559 of 2026 Smt. Shyamali Koley & Ors. Vs. Sri Prosanta Dey & Ors. Mr. Pinaki Ranjan Mitra …for the petitioners This application under Article 227 of the Constitution of India is at the instance of defendant and is directed against an order being no. 126 dated March 20, 2026 passed by the learned Civil Judge (Jr. Division), Howrah in Title Suit No. 189 of 20911. By the order impugned, objection of the petitioners stood rejected and the report of the learned Advocate Commissioner dated February 2, 2018 was accepted. Mr. Mitra, learned advocate appearing for the petitioners draws the attention of the Court to an observation made in the impugned order that the Commissioner has made certain technical faults during investigation. He thus submits that since the investigation was a faulty one, the learned trial judge should not have accepted the report of the Commissioner. Order 26 Rule 10(2) of the Civil Procedure Code states that The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall 2 form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open Court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation. It is not in dispute that the petitioners submitted their objection to the report and also cross- examined the Commissioner. Learned trial judge was right in holding that once a report is submitted by the Investigating Commissioner, the Court has no option but to accept the report and to make it part of the record and such report will be recorded as an evidence in the suit. The learned trial judge also observed that the evidentiary value of the said report is required to be considered along with other evidences in the suit at the time of final hearing of the suit though the report of the Investigating Commissioner is not sacrosanct. The learned trial judge also observed that both the parties shall be allowed to provide further evidence in respect of the said Commissioner’s report. After going through the materials on record this Court finds that the learned trial judge applied the correct legal tests while accepting the Commissioner’s report. 3 Accordingly, CO 1559 of 2026 stands disposed of. (Hiranmay Bhattacharyya, J.)