1 WP 4406/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4406 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Amogh Paralikar for the petitioner. CORAM : D.G. KARNIK, J. DATE : 3RD AUGUST 2010 P.C. : 1. Heard. 2. The petition is directed against the order dated 4 March 2010 passed by the Small Causes Court, Pune, rejecting the petitioner’s application for appointment of a Court Commissioner. 3. The petitioner is a tenant. He made an application for appointment of a Court Commissioner for inspection of the premises 2 WP 4406/10 allegedly in possession of the respondent. According to the respondent, those premises were sufficient for meeting the alleged need of the respondent landlord and, therefore, he sought appointment of the Court Commissioner. 4. It is settled principle of law that Court Commissioner cannot be appointed for the purpose of collecting the evidence. What the petitioner wanted the Court to do was to appoint the Court Commissioner for collecting the evidence of the premises allegedly in possession of the respondent. This cannot be done. The petitioner is free to examine his witnesses and/or adduce appropriate evidence to prove his defence of suitable premises being available to the landlord. The writ petition is rejected summarily. (D.G. KARNIK, J.)