WPMS 529/2007 Hon’ble Tarun Agarwala, J. Heard Sri Lokendra Dobhal, the learned counsel for the petitioner. In view of the office report dated 28.12.2011, service on respondent nos. 2 and 3 is deemed to be served. No one appears on behalf of the defendant/ respondents. The petitioner is the plaintiff and has filed a suit for permanent injunction. Written statement has also been filed, but before any evidence could be led and an application could be filed by the petitioner praying that a survey commission be issued to survey and inspect the premises. This application was rejected on the ground of delay. Having heard the learned counsel for the petitioner, the Court is of the opinion that the court below ought to have allowed the application and permitted the land to be surveyed so that the exact position comes on the record. In the light of the aforesaid, the impugned order cannot be sustained and is quashed. The writ petition is allowed. The trial court is directed to appoint a survey commissioner on the application of the petitioner. Certified copy of this order shall be sent by the registry to the court below within two weeks from today for necessary information and action. (Tarun Agarwala, J.) 30-12-2011 SP