LAKHANLAL SAHU (MODI) Vs. INDRAPAL PATEL

JUDGEMENT

(1.) By the instant petition filed under Article 227 of the Constitution of India, the petitioner is asking for following relief:

(2.) The facts of the case in a nutshell are as follows:

(3.) The learned senior counsel appearing for the petitioner is challenging the impugned order mainly on the ground that once application under Order 26 Rule 9 of CPC has been rejected then in the same circumstance, second application cannot be entertained and allowed by the Court. Learned senior counsel has contended that the application has been filed just to collect the evidence in support of the stand of the defendants/respondent Nos.1 and 2 and, therefore, said application could not have been allowed because as per the settled principle of law, the Commissioner cannot be appointed to collect the evidence to make the case of a particular party strengthen.