CMPMO No.399 of 2009. 17.08.2009 Present: Mr. Ajay Sharma, Advocate for the petitioner. The petitioner herein as plaintiff filed a suit for permanent injunction restraining the defendant (respondent herein) from interfering and encroaching upon plaintiff’s land comprising Khewat No.151 min, Khatauni No.181 min and Khasra No.1665 as entered in the copy of jamabandi for the year 1978-79 situated in village Chattara, Tehsil and District Una, H.P. During the pendency of suit, plaintiff amended the plaint for the reason that the defendant further encroached upon plaintiff’s land. In the written statement, defendant has objected to the demarcation report relied upon by the plaintiff at the time of filing the suit on the ground that no pucca boundaries fixed were uprooted by him. The pleadings inter se between the parties evidently reveal that the dispute, in effect, is of the nature of boundary dispute. Plaintiff’s application filed under Order 26 Rule 9 CPC read with Section 151 CPC stands dismissed in terms of impugned order dated 6.5.2009 passed by Civil Judge (Junior Division), Court No.II, Una in civil suit No.13/2007 for the reason that it was for the plaintiff to prove his case by leading cogent and reliable evidence. It is true that the purpose of appointing Local Commissioner is not to collect evidence for and on behalf of the plaintiff, but however, to effectively adjudicate the controversy in issue, as has been made out in the present case, for the reason that the dispute is of boundary, in my considered view, the trial Court has erred in rejecting the application. The controversy in issue can be effectively and efficaciously resolved if a suitable local revenue official is asked to demarcate the boundary on the basis of the revenue record. As such, the impugned order dated 6.5.2009 is set aside. Matter is remanded back to the trial Court for passing a fresh order on plaintiff’s application after hearing the parties to the suit. With the above observations, the present petition is disposed of. Pending CMPs also stand disposed of. Record be sent back. (Sanjay Karol), August 17, 2009. Judge. (sck)