ORDER

is totally misconceived. Having regard to this position, the Civil Revision Petition is dismissed with costs quantified at Rs. 1,000/-.

23. The aforesaid judgments thus reflect that the Commissioner can be appointed not to collect the evidence but to elucidate the matters which are local in character and it can be done only by local investigation at spot, further it may not to allow to appoint at the stage of argument otherwise it will be felt to fill up the lacuna in the evidence.

24. On the basis of this position of law, now the factual aspect involved in this case is appreciated by this Court, wherefrom, it is evident that after closure of witnesses of both the parties, the case was fixed for final argument and after completion of the defendant's argument, the suit was posted for argument on behalf of the plaintiff and thereafter, plaintiffs field a petition under Order XXVI Rule 9 and 10 read with section 151 of the Code for appointment of the commissioner on the basis of evidence as led by the defendant.

25. The Court after hearing both the parties passed the order impugned rejected the prayer for appointment of Commissioner holding that allowing the petition would am