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1977 Supreme(P&H) 195

RAJENDRA NATH MITTAL
Mukhtiar Singh - – Appellant
Versus
Tej Kaur And Ors. - – Respondent


Judgment

Rajindra Nath Mittal, J.

1. This revision petition has been filed by the plaintiffs against the order of the Subordinate Judge, Ist Class, Nabha dated 15th June, 1977.

2. An Application under Order XXVI, Rule 9, Code of Civil Procedure (hereinafter referred to as the Code) was filed by the plaintiff for appointing a Local Commissioner to find out as to who was in possession of the house in dispute. The application was rejected by the subordinate Judge on the ground that the court could not delegate its duty to the Local Commissioner. The plaintiff has come up in revision against the aforesaid order.

3. Order XXVI, Rule 9 of the Code inter alia provides that in any suit in which the Court deems a local investigation to the requisite or proper for the purpose of elucidating any matter in dispute, it may issue a commission to such a person as it thinks fit directing him to make such investigation and to report thereon to the Court. From a bare reading of the rule, it is evident that a Court can appoint a Commission for elucidating any point in dispute. In the present case, there is a dispute regarding the possession of the house in dispute. The Court dismissed the application

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