RAJBIR Vs. NET RAM AND ORS.

JUDGEMENT

(1.) THE present revision petition has been filed under Articles 226/227 of the Constitution of India for setting aside order dated 25.3.2011 passed by learned Additional Civil Judge, Senior Division, Palwal, vide which application filed by Petitioner -Plaintiff for appointment of Local Commissioner has been dismissed.

(2.) I have heard learned Counsel for the Petitioner and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(3.) IT has been contended by learned Counsel for the Petitioner that appointment of Local Commissioner is necessary for proper adjudication of the case. However, sufficient reasons have been given by learned trial Court for not accepting the request of the Petitioner for appointment of Local Commissioner. Moreover law is well settled that Court is not to collect the evidence for the parties. It was for the Plaintiff to prove that disputed wall is a joint wall.