Civil Revision No. 5996 of 2011 --1-- IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Revision No. 5996 of 2011 Date of decision. 28.09.2011 Jai Bhagwan and others .... Petitioners Versus Ram Kwaar ...... Respondent CORAM: HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present: Mr.Ved Parkash, Advocate for the petitioners. **** Vijender Singh Malik, J. This revision petition has been brought by the defendants under the provisions of Article 227 of the Constitution of India for setting aside the order dated 30.08.2011( Annexure P-1) passed by learned Additional Civil Judge (Senior Division), Gurgaon, where by the application of the defendants for appointment of local commission has been dismissed. I have heard Shri Ved Parkash, learned counsel for the petitioners and have gone through the record. Learned counsel for the petitioners has submitted that the property in dispute is situated within the lal dora of the village. According to him, the existing position of the suit property is required to be noticed for which local commission was prayed to be appointed. He has submitted that the same would not have caused any prejudice to the opposite party. Civil Revision No. 5996 of 2011 --2-- Learned counsel for the petitioner has admitted during the course of arguments that the dispute between the parties is not with regard to the boundaries of the properties which may require local investigation by appointment of a local commission. If the dispute is not regarding demarcation of the boundaries, then the report of a local commission appointed at the instance of the defendants would be like a piece of evidence, which the defendants sought to be collected with the help of the court. The court cannot come to the aid of any party to the suit for the purpose of collecting evidence. The application for appointment of local commission is, therefore, rightly dismissed. Finding no merit in the revision petition, the same is dismissed. (VIJENDER SINGH MALIK) JUDGE 28.09.2011 dinesh