The present petition is filed challenging the order dated 27.4.2024 passed in R.C.S.A.No.118/2013 passed by IIIrd Civil Judge Senior Division, Rewa whereby the application moved by petitioner/defendant no.1 under Order 26 Rule 9 of CPC was dismissed.

2. The counsel for the petitioner submits that respondent/plaintiff has filed a suit for declaration of title, partition, possession and means profit and both the parties have already adduced the oral evidence in the case. However, in order to rule out the ambiguity, the petitioner moved an application under Order 26 Rule 9 read with Section 115 of the CPC for appointment of local Commissioner but the same was denied by the trial court by order dated 27.4.2024 (Annexure P-4) and the present petition has been preferred.

3. Counsel for the petitioner submits that trial court is empowered to issue writ of commission for the purpose of ascertaining the actual position of the property, however, the trial court has dismissed the application only on the ground that parties have to prove their case by their evidence and therefore at the stage of final arguments, the application cannot be allowed and the same has been filed for the purpose o