CRP 228/2009 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Ms M.D. Choudhury, learned counsel for the petitioners and Mr. SP Roy, lea rned counsel appearing for the opposite party. Challenge made in this revision petition is the order dated 5.5.09 passed by t he learned Civil Judge No.3, Kamrup in T.S. No. 207/07. The grievance of the petitioners is that the petitioners filed an application un der Order 26 Rule 9 read with Section 151 of CPC for appointment of commission f or local inspection of the suit premises and restore the possession of the suit land on 19.9.07 by demolishing the unauthorized and illegal construction. The p etitioners are defendant in the suit. That apart from claim of the commission, the petition is not maintainable so far as the prayer for issuance of commission is concerned. The learned trial court has observed that neither issues have be en framed in the suit nor evidence of the parties have been adduced and as such the learned trial court rejected the prayer for issuance of commission and for local inspection made by the parties. An order for issuance of commission can be passed only after adducing the neces sary oral as well as documentary evidence by the parties when it is required to ascertain the identity of the suit property. But in the instant case neither i ssues have been framed nor evidence has been adduced by the parties and in the absence of it, at such stage, it cannot be said that resolving the alleged disp ute as regards identity of the suit property appointment of commission is neces sary. The learned trial court committed no jurisdictional error in passing the i mpugned order which requires interference in exercise of the power under Articl e 227 of the Constitution of India. Consequently, this petition fails and stands dismissed being devoid of merit. However, it is made clear that if after getting on record the evidence of the parties that appointment of the commission is really necessary for proper identi fication of the suit land, the petitioner may renew the prayer.