CMPMO No.98 of 2008 25.4.2008 Present: Ms.Madhu Sharma, counsel for the petitioner. This petition is directed against the order dated 8.4.2008 passed by the learned Civil Judge (Senior Division), Court No.1, Hamirpur whereby he has rejected the application filed by the petitioner for appointment of a Local Commissioner under Order 26 Rule 9 CPC. It is apparent from the perusal of the application for appointment of a Local Commissioner that the application has been filed after both the sides had led evidence. The learned trial Court had rightly held that consequences of disobedience of an order executable under Order 21 rule 32 CPC are penal in nature and the Court is not to create evidence for the parties. Even otherwise, the application for appointment of a Local Commissioner should have been filed at the earlier stage and not when the case is fixed for arguments. I find no error in the impugned order. Hence, this petition is dismissed. April 25, 2008. (Deepak Gupta), PV Judge