Sanjay K. Agrawal, J.

1. The petitioners/plaintiffs made an application for appointment of commissioner under Section 75 read with Order 26, Rule 9 of the CPC stating inter alia that they are owner and title holder of the suit land bearing Khasra No. 622/1, area 1.619 hectare situated at village Fingeshwar, P.C. No. 8, Tahsil Rajim, District Gariyabandh and they are not aware of the boundaries of the suit land, therefore, boundaries of the suit land be demarcated by appointing commissioner in order to pass effective decree.

2. The said application was replied by the defendants that the petitioners are not entitled for the said relief as the demarcation of the suit land is not the subject matter of the suit and the provisions of Order 26, Rule 9 CPC cannot be invoked to collect evidence and, as such, application is liable to be rejected.

3. The trial Court, by its impugned order dated 15.02.2016, rejected the application filed by the petitioners, against which, instant writ petition under Article 227 of the Constitution of India has been filed.

4. Mr. B.P. Sharma, learned counsel appearing for the petitioners/plaintiffs would submit that the trial Court committed illegality in re