1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL REVISION APPLICATION NO.113 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.Rajendra Kadu for the Petitioner. CORAM : ANOOP V. MOHTA,J. DATED : 28.03.2008 P.C. This is Civil Revision Application against the Order of rejection of appointment of Commissioner as admittedly the plaintiff has filed affidavit of examination-in-chief to lead evidence in support of his case. The plaintiff being owner of the Plot No.9 out of CTS No.32/2 admeasuring 123 square meter of village Dhanori, is fully aware of the encroachment made by the Respondents on her plot and also about the illegal construction carried out by them. Therefore the 2 basic material is available with the plaintiff. The learned Judge is right in observing that the Commissioner cannot be appointed for collection of evidence. The parties to the Suit have to adduce the best available evidence. Taking all this into account, even otherwise considering the scope of revision, I am of the view that there is no case made out to interfere in the impugned order. The Revision is accordingly dismissed. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]