AI Structured Summary
Not yet generated for this judgment
Judgment
S.K. Sharma, J.—Rule 67 of Manual of Civil Court Rules, 1986 provides that when issuing a commission for making a local investigation under Order XXVI, Rule 9, the Court shall define the points on which the Commissioner has to report. No point which can conveniently and ought to be substantiated by the parties by evidence at the trial shall be referred to the Commissioner.
In the case on the plaintiff petitioner filed an application under Order XXVI Rule 9 CPC for appointing a Commissioner in order to establish the existing state of disputed plot existed in the year 1982. The plaintiff prayed in the application that a Commissioner be appointed to examine the state of the state of the disputed land according to the record.
I am of the view that the plaintiff can produce the evidence in this regard and it is not necessary to appoint a Commissioner under the provisions contained under Order XXVI Rule 9 CPC.
I see no jurisdictional error in the impugned order passed by the trial Court in not appointing the Commissioner and if the order is allowed to stand it would not occasion failure of justice.
Consequently, I dismiss this revision petition. If an application for temporary injunction is filed it can be adjudicated strictly in accordance with law.