AAM JANTA BAKHATPURA Vs. MURARI

JUDGEMENT

(1.) This writ petition has been filed against the order dated 03.07.2014 whereby, the application filed by the plaintiff- petitioners seeking appointment of Commissioner, has been dismissed.

(2.) It is contended by learned counsel for the petitioners that the learned trial Court has erred in dismissing the application without appreciating that to elucidate the actual position obtaining at the site, appointment of the Commissioner was necessary. He, therefore, submitted that the order dated 03.07.2014 be set aside.

(3.) Per contra, learned counsel for the respondents-defendants submitted that the learned trial Court has rightly rejected the application filed by the petitioners-plaintiffs seeking appointment of Commissioner as it was to collect the evidence.