IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.1528/2009 Date of Decision:24.3.2009. Smt.Kamal Kumari and others ..........Petitioners Versus Sujan Singh and another ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr. R.K.Bagga,Advocate for the petitioners-plaintiffs. JASWANT SINGH,(Oral). By filing present revision petition under Article 227 of the Constitution of India petitioners-plaintiffs have challenged the order dated 14.5.2008 passed by the learned Civil Judge (Jr. Div.) Ambala whereby their application for appointment of a Local Commissioner was declined. It is apparent from the records that the petitioners-plaintiffs filed a suit for permanent injunction restraining the defendants-respondents from encroaching upon the suit land detailed in the head note of the plaint. It is informed that issues are yet to be framed in that suit. The petitioners-plaintiffs moved an application for appointment of a Local Commissioner so as to resolve the real issue of demarcation between the parties regarding joint boundaries of the plot in question on its Western and Southern side. Upon notice of the application, respondents-defendants filed reply contesting the said application. Learned trial Court after hearing the learned counsel for the parties, CR NO.1528/2009 2 vide impugned order dated 14.5.2008(Annexure P/1), dismissed the said application for appointment of a Local Commissioner. After hearing the learned counsel for the petitioners and perusing the impugned order, I am of the considered opinion that the learned trial Court has rightly held that it is not for the Court to collect evidence on behalf of either of the parties and it is for the petitioners-plaintiffs themselves to lead their evidence in support of their stands and after considering that evidence if the Court is of the opinion that for effective adjudication the matter should be referred to Local Commissioner, then only the prayer made by the petitioners can be accepted. At this stage when the parties are yet to lead their evidence no directions for appointment of a Local Commissioner can be issued. Dismissed in limine. 24.3.2009. (Jaswant Singh) joshi Judge