CMPMO No.222 of 2008. 03.09.2008 Present: Mr.V.S. Kanwar, Advocate, for the petition. This petition has been preferred against the order dated 17.8.2007 of the learned Sub Judge Ist Class, Amb, District Una, H.P. dismissing the application moved by the plaintiff with a prayer to appoint Local Commissioner. The learned trial Court, on a consideration of the entire matter, holds that the application is not maintainable as it would be open to the plaintiff to prove the facts which according to him should be ascertained by Local Commissioner, by way of independent evidence. Apart from the fact that the petition has been preferred 9/10 months after the order having been passed, I find that the learned trial Court has not committed any illegality in passing the order against which the petition has been filed. The right of the plaintiff to lead evidence to establish the facts which he wants to ascertain by appointment of the Local Commissioner has been reserved. There is no merit in this petition which is accordingly rejected. There shall be no order as to costs. Let record of the trial Court be sent back immediately. Learned trial Court shall proceed with the matter in accordance with law. September 3, 2008 (Dev Darshan Sud) (aks) Judge.