Advocates:
['OM PRAKASH MEHTA', '', 'VD GAUR', 'SR CHAUDHARY', 'RS LOHIYA', 'RS BHATI', 'VD KALLA']

1

S.B. CIVIL WRIT PETITION NO.5375/2005

Jagdamba Grah Nirman Sahkari Samiti Ltd.

vs.

Jodhan Real Estate Development Company Pvt. Ltd. & others.

Date : 20.9.2005

HON'BLE MR. PRAKASH TATIA, J.

Mr. OP Mehta, for the petitioner.

Mr. VD Kalla, for the respondent no.1.

- - - - -

Heard learned counsel for the parties.

The petitioner is aggrieved against the order dated

31.8.2005 by which the petitioner's application under the

heading “Order 39 Rule 7 CPC” was dismissed by the

Additional District Judge NO.2, Jodhpur.

This Court has no hesitation in observing that the

learned trial judge namely, Additional District Judge No.2,

Jodhpur either was not knowing the law on the subject of

appointment of Commissioner or if he was knowing Law on the

subject, then the position is much more grave.

On an application for appointment of Commissioner, the

learned trial judge recorded findings which are in para

no.3 of the impugned order. Para no.3 of the impugned order

reads as under :-

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“ 3- पककरन क बहस सनकर पतवल क अवलकन ककय गय ।

कनक 18.06.2005 क अवर स आरबटटर दर क ल 58900 वग

मटर भ"मम पर जह 106 मकन मनममत ह गय ह&, उन मकन( क

स*+मत