JUDGMENT :

1. Heard learned counsel for petitioner and learned counsel appearing on behalf of opposite party No.2.

2. Petition under Article 227 of Constitution of India has been filed assailing order dated 10th January, 2018 passed by trial court rejecting petitioner's application for issue of commission under Order 26 Rule 9 of the Code of Civil Procedure as well as order dated 31st January, 2020 passed by revisional court dismissing the revision.

3. The limited question of law requiring adjudication in the present petition is whether the court below was justified in rejecting the application filed by petitioner-plaintiff for issuance of commission in a suit for cancellation of sale deed and permanent injunction.

4. Learned counsel for petitioner submits that the aforesaid suit had been filed for cancellation of sale deed and permanent injunction with regard to immovable property in which both the plaintiff as well as defendant claimed possession over property in dispute. Under an apprehension that status quo would be changed by the defendants, the petitioner-plaintiff was constrained to file application for issuance of commission under Order 26 Rule 9 read with Section 151 CPC on 2n