JAGATPAL Vs. RAJARAM

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Article 227 of the Constitution of India, inter alia, challenging the order dated 06.11.2019, passed by the District Judge, Hanumangarh (hereinafter referred to as "the Trial Court)", whereby the Trial Court has issued a commission and directed the Tehsildar, Pilibanga to furnish his report in respect of possession of the disputed land.

(2.) Challenging the order aforesaid, Mr. Bhaleria, learned counsel for the petitioner submitted that the Court has erred in issuing commission and directing the Tehsildar, Pilibanga to furnish his report in respect of possession of the disputed land. He argued that firstly, the stage of summoning the report has not yet come, as none of the parties have led their evidence and secondly, the Court should not collect evidence for and on behalf of the plaintiff.

(3.) It was also argued that in exercise of power under Order XXXIX Rule 7 of the Code of Civil Procedure, the Court can appoint Commissioner only pursuant to an application filed by any of the parties in this regard, and not at its own.