Harish Tandon, J. - (1.) A point has been raised in this revisional application whether an application under Order XXVI, Rules 11 & 12 of the Code of Civil Procedure deserves to be dismissed having taken out after commencement of trial on the premise that it would drag and delay the disposal of the suit. In other words, it is sought to be contended that if the application for appointment of the Account Commissioner is taken out at the pre-emptory stage of the proceeding, there is quite justification in the judgment of the Trial Court in rejecting the said application on the ground of delay.
(2.) The suit for recovery of money on account of damages and the counter-claim for recovery of unpaid amount under the agreement are filed. Both the parties have claimed against each other and the nature of the claim is recovery of an amount on their independent cause of action.
(3.) Admittedly the suit, which was instituted way back in the year 2007, was posted at the pre-emptory board, but the examination of the witnesses has not commenced as yet. An application for appointment of the Account Commissioner was taken out by the plaintiff/petitioner on various grounds including that the documents, which are voluminous in nature, are required to be examined in order to ascertain its credibility, worthiness and sustainability thereof.;