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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DINESH MEHTA
Bhanwar Singh, S/o. Bachha Ji – Appellant
Versus
Pyari Ben, W/o. Darajmal – Respondent
ORDER :
1. By way of present writ petition, the petitioner has challenged the order dated 21.02.2025, passed by the learned Board of Revenue, Ajmer affirming the order dated 19.11.2024 passed by the Assistant District Collector, Sanchore, in Revenue Suit No.56/2023, whereby his application under Order XXXIX Rule 7 of theCode of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’) has been rejected.
2. Briefly narrated, facts appertain are that the petitioner has filed a revenue suit for declaration of khatedari rights and permanent injunction under sections 88 and 188 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the ‘Act of 1955’) with an assertion that the respondent-defendents are likely to dispossess him from the property in question.
3. Alongwith the suit aforesaid, the petitioner had also filed an application for temporary injunction under section 212 of the Act of 1955. During the pendency of application for temporary injunction, the petitioner moved an application under Order XXXIX Rule 7 of the CPC and prayed that a Commissioner be appointed to give a site report so as to ascertain the factual position in relation to possession of subject land.
4. The
The appointment of a Commissioner under Order XXXIX Rule 7 of CPC is discretionary and not a matter of right; parties must prove their own case without court assistance in evidence collection.
The central legal point established in the judgment is that the appointment of a Commissioner for local investigation should only be done for convenience and after considering the evidence produced b....
The discretion to issue a Commission for local investigation lies with the trial Court, and the report of the Commissioner is not binding on the trial Court.
The Trial Court has the power to appoint a Court Commissioner under Order XXVI Rule 9 of the Code of Civil Procedure, 1908, to facilitate the adjudication of the claim brought before it by the rival ....
The court established that the appointment of a commissioner under Order XXVI Rule 9 of the CPC is not to be used as a means to collect evidence after the closure of proceedings, and such application....
Local Commissioner appointment can aid in disputes over actual possession when evidence is conflicting.
The court emphasized the provisions of Order XXVI Rule 9 of CPC, highlighting the power of the court to appoint a Commissioner for local inspection if the report of the Commissioner is of assistance ....
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