Plaintiff-applicant has directed this revision against the order dated 13.11.2000 passed by IInd Civil Judge, Class II, Dhar in Civil Suit No. 1A/2000, thereby allowing the application filed on behalf of the respondents u/o 26 R. 9 of the CPC for appointment of the Commissioner and his report with regard to actual possession of any of the parties on the disputed land.

The L.C. for applicant challenged the aforesaid order, relying on the decision of this Court in Case of Babu Khan v. Kaptan Singh (1980(2) MPWN 261 and submitted that the. trial Court is not competent to appoint Commissioner for his report on the question of possession on the disputed land. He also submitted that the Court shall not issue commission for collecting evidence for any of the parties.

In view of the submissions of the L.C. for parties and on perusal of the judgment of this Court in Babukhan's case (supra), in my opinion, the trial Court has committed an error in appointment of the Commissioner for his report on the point of actual possession of the person on the disputed land. In Babukhan's case (supra), this Court in the similar circumstances has held that:

"The Court cannot delegate to the