: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 4720 OF 2007 OF MOTION NO. 4720 OF 2007 OF MOTION NO. 4720 OF 2007 IN IN IN SUIT SUIT SUIT NO. 3383 OF 2007 NO. 3383 OF 2007 NO. 3383 OF 2007 Mr. Sanjay Dnyandeo Zurala. ... Plaintiff. V/s. Mr. B.C. Satyananrayan & Ors. ... Defendants. Mr. S.D. Dharmadhikari for the Plaintiff. None for the Defendants. CORAM CORAM CORAM : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. 14TH 14TH 14TH DECEMBER 2007. DECEMBER 2007. DECEMBER 2007. P.C. P.C. P.C. :- :- :- . By consent the Motion has been taken up for final disposal at this stage. 2. The power of the Court to appoint a Court Commissioner under Order XXVI of the Code of Civil Procedure, 1908 cannot be permitted to enable a party to collect evidence. The Plaintiff would have to substantiate his allegation in respect of the damages caused, by leading evidence. The prayer for the appointment of a Court Commissioner cannot be allowed. 2. The Notice of Motion is dismissed. -----