Dev Darshan Sud,J. This petition has been referred to this Court for being treated as a Criminal Contempt on the request of the learned Civil Judge(Junior Division), Rampur Bushehar, District Shimla.

2.In the communication addressed to this Court, the learned Judge writes that Civil Suit No.31- 1 of 2008, titled: Khalanga vs. Gurdass was pending (which has not been transferred) in the Court of the learned Judge in which Shri Bansi Lal, Advocate, was representing the plaintiff. The suit instituted was for permanent prohibitory injunction with respect to the suit land.The learned Judge writes that there were number of adjournments which had been granted in the case although it was a time bound and targeted case. The plaintiff filed an application under Order 26 Rule 9 and Order 18 Rule 18 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’ ) being CMA No.54-6 of 2011, praying therein that inspection of the spot be carried out by a Local Commissioner to be appointed by the Court. This application was dismissed on 27.9.2011 as the Court did not feel any necessity to appoint a Commissioner. The Court also noticed that the sole defendant had died on 17.11.2009 and t