IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

S.B. Civil Writ Petition No.10221/2015

Mahaveer Prasad Jain-Petitioner

Versus

Chaitanya Prakash Bansal & Ors.-Respondents

Date of Order :: 30/7/2015

Hon'ble Ms. Justice Bela M. Trivedi

Mr. Naseemuddin Quazi, for the petitioner.

ORDER

BY THE COURT :

1.

The present petition has been filed by the petitioner/defendant/

appellant, challenging the order dated 8/4/2015 passed by the Additional

District Judge No.1, Kota (hereinafter referred to as 'the Appellate Court') in

Appeal No.13/2014, whereby the Appellate Court has dismissed the application

of the petitioner for appointment of Commissioner under Order XXVI, Rule 2 of

CPC.

2.

It is sought to be submitted by the learned counsel for the petitioner

that the respondent-plaintiff had not produced the map or the permission of

construction of the rented premises, and therefore it was necessary to appoint

the Commissioner. Such submission cannot be accepted. It appears that the

respondent-plaintiff had filed the suit before the Trial Court seeking eviction of

the petitioner on the ground of personal and bonafide necessity, which suit

came to be decreed vide the judgment and decree dated 3/9/2013. The

petitioner/defendant thereafter had filed the appeal before the Appellate

Court in which he submitted the application seeking appointment of

Commissioner. The Appellate Court having held that the Commissioner was not

required to be appointed for collecting the evidnece whether any other

premises were available to the respondent/plaintiff or not. There being no

illegality or infirmity in the said order, the Court is not inclined to interfere

with the same.

3.

The petition being devoid of merits is dismissed. By this order, the stay

application also stands dismissed.

(Bela M. Trivedi) J.

Sanjay SolankiPA

All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.”Sanjay Solanki Personal Assistant