VIKRAMAJIT SEN, J.

1. Allowed, subject to all just exceptions.

2. This Appeal has been filed under Section 10 of the Delhi High Court Act, 1966 (DHC Act for short) against the Order passed by the learned Single Judge on 21.1.2011 dismissing the Plaintiff”s application under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (CPC for short) praying for the appointment of a Local Commissioner for carrying out measurement of the work done by the Plaintiff.

3. We have summoned and perused the original documents, especially because a copy of IA No.17646/2010 under Order XXVI Rule 9 of the CPC appears not to have been placed on record. In the said application, there is no mention of the fact that a joint inspection of the Project had been carried out and/or that the Defendant/Respondent had not conducted this exercise properly.

4. In the impugned Order, the learned Single Judge has dismissed the application opining that “the appropriate course for the Plaintiff would be to get the measurement done at its own level from an expert independent body and for this purpose, the Local Commissioner is not required to be appointed”. It had been contended before the learned Single