BHANUPRATAP SINGH Vs. SUNIL KUMAR SINGH

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 11.10.2012 whereby the application of the petitioner/plaintiff preferred under Order 39 Rule 7 CPC is rejected by the Court below. The plaintiff filed the said application Annexure P -3 with the prayer that the suit property be directed to be inspected by a Court Commissioner and inspection report be summoned. The prayer is opposed by the other side. The Court below opined that the prayer of the plaintiff is beyond the scope of Order 39 Rule 7 CPC. Petitioner is trying to gather evidence which cannot be permitted to be done.

(2.) CRITICIZING this order, Shri Sanjay Sharma submits that the order is bad in law. If Court Commissioner is not appointed, it will be difficult for the plaintiff to prove his case. He relied on : 1998 (1) M.P.L.J. 363 (Murarilal Vs. Babu Singh).

(3.) I have heard the learned counsel for the parties and perused the record.