HIGH COURT OF CHHATTISGARH. BILASPUR W.P.tU/A 227) No. 5333 of 2009 PETITIONERS 1. DEFENDANTS RESPONDENTS PLAINTIFFS Smt. Kamaladevi Rathi, W/o Shri Radhakishan Pathi, Aged about 78 years, R/o Near Kamal Chhaya Mandir, Ramadhin Marg, Rajnandgaon (CG) (Now dead but all -the Legal Representatives already on record) 2. Smt. Vimla Sarda, W/o Ramchandra Ji Sarda, Aged about 60 years, R/o Near house of Shri Rameshwar Ji Jogi, Ramadhin Marg, Rajnandgaon (CG) 3. Shri Ram Rathi, S/o Late Shri Radhakishan Ji Rathi, Aged about 58 years, R/o Kailash Nagar, Rajnandgaon (CG) 4. Shri Vinod Rathi, S/o Late Shri Radha Kishan Ji Rathi, Aged about 56 years, R/o Kamal Chhaya Mandir, Rajnandgaon (C.G.) 5. Smt. Shobha Chandak, W/o Mohan Lal Ji Chandak, Aged about 53 years, R/o Nutan Stationery Industries, Near Maharastra Vidhyut Maiidal, Khamgaon, Shegaon (Maharastra) Versus l.(A) Smt. Parwati Bai, W/o. Late Shri Tarachand Chitlagya, Ganjline, Rajnandgaon (B) Smt. Usha Tapadiya, W/o Manmohan Tapadiya, Aged about 54 years, R/o Besides Savat Rsm Mill, Tapadiya Compound, Akola (Maharashtra) (C) Smt. AsfaNatwani, W/o. Mohan Lal Natwani Aged about 52 years, National Commercial Corporation Aakot, Near Bus Stand, Akola (Maharashtra) (D) Narayan Chitlangya, S/o Late Shri Tarachand Chitlangya, Aged about 50 years, Malviya Nagar, Durg (CG) (E) Smt. Shobha Kacholiya, W/o Shri Vikram Kacholiya, Aged about 48 years, C. Scheme Sarojni Marg, Jaipur (Rajsthan) (F) Smt. Kiran Chandak, W/o Madhusudan Ji Chandak, Aged W.P.fU/A 227) No. 5333 of 2009 about 46 years, Tulsi Ring Road, Kediya Plot, Akola (Maharashtra) (G) Jagdish Chitlangiya, S/o Late Tarachand Chitlangiya, Aged about 44 years, R/o Ganjline, Rajnandgaon, District Rajnandgaon (C.G.) 2. Shankarlal Chitlangiya, S/o Late Narsingh Das Chitlangiya, Aged about 68 years, Resident and Trader Ganjline, Rajnandgaon (CG) 3. Jaikishan Chitlangiya, S/o Late Shri Narsingh Chitlangiya, Aged about 66 years, Trader and Resident of Chitlangiya Marg, Near Ramdeo Mandir, Rajnandgaon (CG) 4. Prakash Chand Chitlangiya, S/o Late Shri Radheshyam Chitlangiya, Aged about 50 years, Trader and Resident - Basantpur, Rajnandgaon (CG) 5. Chandrakant Chitlangiya, S/o Late Shri Radheshyam Chitlangiya, Aged about 44 years, Trader and Resident of Ganjline, Rajnandgaon (CG) 6. Manpj Chitlangiya, S/o Late Shri Laxminarayan Chitlangiya, Aged about 43 years, Jal Vihar Colony, Raipur (CG) (Writ Petition under Article 227 ofthe Constitution oflndia) Appearance : Mr. Sumesh Bajaj, counsel for the petitioners. ORDER (07.10.2009) SUNIL KUMAR SINHA, J. Heard on admission. Being aggrieved with the order dated 26.11.2008 passed in Civil Suit No. 12-A/07 by the District Judge, Rajnandgaon, the petitioners/defendants have filed this writ petition. By the impugned order, the learned trial Judge has dismissed an application filed by the defendants under Order XXVI Rule 9 C.P.C. The copy of the application has been filed as Annexure-P/2. A perusal of the'application filed under Order XXVI Rule 9 C.P.C. would show that the defendants had prayed for spot ^mspection to ascertain as to where Mr. Vinod Rathi was residing W.P.OJ/A 227) No. 5333 of2009 with his family and further to get a report where Kamla Rathi died and her Kriya-Kram etc. were performed at which place. Order XXVI Rule 9 C.P.C. provides that in any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court. Certainly, these provisions would not be attracted in the matter raised by the defendants, therefore, the learned trial Judge has rightly refused to issue commission for the above purpose. There is no substance in the petition. The petition is liable to be dismissed and is hereby dismissed. Sd/- Sunil Kumar Sinha Judge vatti