RAJESH Vs. RAMKISHAN

JUDGEMENT

(1.) HEARD Shri . Bajaj learned counsel for the petitioner, Shri . Chatterji , learned counsel for the respondent No.1 and Shri . Mundhe , learned counsel for the respondent No.2. Rule. By mutual consent, Rule is made returnable forthwith.

(2.) BY the impugned order dated 9 6 2001 passed below Exhibit 47 in Regular Civil Suit No.268 of 1998, the Joint Civil Judge J.D. Jalna has rejected the application of the plaintiff seeking appointment of Court Commissioner a Civil Engineer/Surveyor, in order to inspect the common wall between the properties of the plaintiff and defendant and encroachment, if any etc.

(3.) ADVOCATE Shri . Chatterji while opposing the revision petition has relied upon the judgment of the Calcutta High Court reported in AIR 1978 Cal. 296 (Institute of Engineers Vs. Bishnu ) wherein it is held that the commission cannot be issued for the purpose of collecting the evidence. In the reported matter, the Commissioner was directed to count proxy votes from Utkal . He was expected to prepare inventory of the said votes and bring those to the Court, duly sealed and signed by the parties.