Powes of appellate court.
Gopal Krishnan
(Querist) 26 June 2015
This query is : Resolved
Issuue in brief is as under:
Pltff (Landlord) filed eviction suit in 2000 in Mumbai Small Causes Court.
Ground non-user. After 14 years, trial court dismissed suit in April 2014. In
June 2014 Pltff/Appellant (landlord) filed appeal challenging order of trial court.
On the application of tenant (Defdt/respondent), appeal was expedited and was on board on 25/06/2015 for hearing and final disposal. But on 25/06/2015
Appellant moved application before Appellate Court (for the first time during
last 15 years) for appointment of Local Commission to visit suit premises and
report occupancy. Appeal is adjourned to 02/07/2015 for say of the Respdt.
In the light of above facts and circumstances, kindly advise whether the said application at this stage is maintainable and whether Appellate court has power to appoint Local Commissioner during the pendency of appeal before it ? ?
Shall be obliged for your valued advice togetter with any case law on the
Subject.
R.K Nanda
(Expert) 26 June 2015
yes, application is maintainable and appellate court has full powers to appoint LC.
