NALUBAI NARAYAN SHINDE Vs. GOPINATH DAGDU SHINDE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, petition is heard finally.

(2.) The order dated 7-1-2010 passed by the Joint Civil Judge, Junior Division, Ahmednagar is subjected to challenge in this Petition. By that order, the application of the respondent/orig. deft, under Order XXVI Rule 9 of Civil Procedure Code for appointment of Court Commissioner came to be allowed.

(3.) The impugned order is passed appointing an advocate as Court Commissioner to visit the spot in question and to submit a report in respect of possession of the suit property. The learned counsel for the petitioner submitted that no commissioner can be appointed by the Court to collect evidence. He has relied upon the following cases in support of his contention :