JAGDISH SINGH Vs. DIGAMBAR JAIN

JUDGEMENT

(1.) Vide order being assailed dated 28.05.2015 rendered by Civil Judge (Jr.Divn.), Karnal, application moved by the petitioner for appointment of a Local Commissioner has since been declined. The conclusion arrived at in this regard reads as thus:

(2.) Apparently, the purpose for which the petitioner prayed for appointment of a Local Commissioner was/is to procure evidence to substantiate his plea that the alleged need of the respondent-landlord is not true and conceived in good faith. Something, which otherwise, is required to be proved by leading cogent evidence. Provisions of Order 26 Rule 9 of CPC cannot be resorted to for this purpose. Ex facie, the said provision is clear, concise and incapable of any misconstruction, as it is only when the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, the Court itself can invoke the said provisions.