RAKAMCHAND Vs. RUKMANI

JUDGEMENT

(1.) By way of the present writ petition, the petitioners have challenged the order dtd. 22/11/2019, passed by the learned Additional Civil Judge, Banswara, whereby petitioners' application dtd. 15/11/2018, filed under Order XXVI Rule 9 of the Code of Civil Procedure has been rejected.

(2.) Mr. Trivedi, learned counsel for the petitioner, challenging the order impugned, submitted that the Court below has erred in rejecting petitioners' application, seeking appointment of Commissioner, while simply observing that the petitioners are trying to collect evidence in their favour.

(3.) Learned counsel for the petitioner invited Court's attention towards the subject application and argued that according to the plaintiff, the defendents are raising construction on their (plaintiff's) land situated in Survey No.10/2, whereas it is contention of the defendants (present petitioners) that they are raising construction in the land situated in Survey No.505/236/7, which is in possession of defendant.