( 1 ) HEARD parties counsel. With their consent this writ petition is disposed of finally.

( 2 ) BY means of this writ petition, the tenant has challenged the order of the lower appellate authority dated 23. 10. 1997 rejecting the petitioners application for cross-examination of Smt. Prem Arora and the application for returning the will to the landlord which he had filed. By the same order, the prayer for issuing Commission has also been rejected on the ground that no such application was found on the record.

( 3 ) WHEN this writ petition came for admission before Hon. Shitla Prasad Srivastava, J. on 11. 11. 1997, his Lordship was of the view that so far as the order rejecting the application for cross-examination of Smt. Prema Devi and of returning the will was concerned, it required no interference. Notices were, however, issued to the respondents with regard to the petitioners prayer for quashing the order of the lower appellate court refusing to issue Commission.

( 4 ) IT is provided under Order XXVI, Rule 9. C. P. C. that where the Court deems a local investigation to be requisite or proper for the purpose of adjudicating any matter in dispute, the court may is