Supreme Court of India
Soni Dineshbhai Manilal and Ors. v. Jagjivan Mulchand Chokshi
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What the Court ordered
We are of the opinion that it is not a fit case where we should exercise C our discretionary jurisdiction under Article 136 of the Constitution of India It is now well settled that this Court may decline to exercise its jurisdiction, although it would be lawful to do so. [See Management, Pandiyan Roadways Corporation Ltd. v.
Judgment, page 12
From the headnote
Code a/Civil Procedure, 1908: Or XXVI r 11 and 16-Commission to examine accounts or adjust accounts-Appointment of-Held: Commissioner is competent to decide all questions raised before him, taking into consideration all aspects of the matter-He is to assist the Court-Commissioner's Report is part of record and is to be treated as evidence in the suit On facts, objection against Commissioner's report rejected-Civil revision application was not filed there against, thus, rejection order attained finality-Also appellant did not adduce any evidence in support <~f the objection raised though he
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