C.R. No. 862 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 862 of 2011 (O&M) Date of decision : 7.2.2011 Sher Singh and others ......Petitioners Versus Hawa Singh and others .......Respondents **** CORAM: HON'BLE MRS. JUSTICE SABINA Present : Mr. Amit Singla, Advocate, for the petitioners. **** SABINA, J. Plaintiffs had filed suit for declaration and prohibitory injunction to the effect that the plaintiffs and performa defendants were owners in possession of the suit land. During the pendency of the suit an application was moved by the petitioners-defendants No.1 to 6 for appointment of Local Commissioner to bring on the file the existing state of affairs over the suit land. Vide the impugned order, the said application was dismissed by the trial Court. Hence, the present petition by defendants No.1 to 6. After hearing the learned counsel for the petitioners, I am of the opinion that the instant petition deserves dismissal. The learned trial Court has rightly held that the Court is not liable to collect evidence for the party. The parties are required to establish C.R. No. 862 of 2011 (O&M) 2 their plea qua possession by leading evidence in this regard. However, the Local Commissioner cannot be appointed to collect evidence qua factum of possession. No ground for interference is made out. Dismissed. (SABINA) JUDGE February 7, 2011 Anand