CR No.7523/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.7523/2011 Date of decision: 06.12.2011. Prabhu Dayal ....................Petitioner v. Partap Tyagi .....................Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Ashish Aggarwal,Advocate for the petitioner. Jaswant Singh.J.(Oral) Defendant/petitioner in the present revision petition under Article 227 of the Constitution has assailed the order dated 15.11.2011 (P2) whereby his application for appointment of a Local Commissioner by the Court has been dismissed. It is apparent that in the suit for damages filed by the respondent/plaintiff for the loss caused to his building on account of water collected on the plot of the defendant/petitioner, petitioner has taken a plea that loss, if any, is on account of structural defect in the construction of his house. It is further apparent that evidence of the defendant is yet to commence. It further cannot be disputed that the process of the court cannot be used to collect evidence on behalf of the CR No.7523/2011 2 parties. At the time of arguments, learned counsel for the defendant/petitioner prays for withdrawal of the revision petition with liberty to seek alternative remedy available to the petitioner in accordance with law. Dismissed as withdrawn with the liberty aforesaid. 06.12.2011 (Jaswant Singh) joshi Judge