CW-8063/09-Shree Jagannath Bhagwan Seva Sansthan & Ors. Vs. Municipal Council, Bhilwara & Ors. Judgment dt.4.9.09 1/2 S.B. CIVIL WRIT PETITION NO.8063/2009 Shree Jagannath Bhagwan Seva Sansthan & Ors. Vs. Municipal Council, Bhilwara & Ors. Date of order : 4th September, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sanjay Nahar for the petitioner. ------- 1. By the impugned order dated 26.3.2009, the learned trial court rejected the application under Order 26 Rule 9 C.P.C. for appointment of Commissioner and a review petition filed by the plaintiff was also rejected by the order dated 21.5.2009. 2. Both these orders have been challenged by the petitioner on the ground that the situation of construction at the spot could be ascertained only on Commissioner's report and it would have subserved the ends of justice. However, a perusal of the application under Order 26 Rule 9 C.P.C. Annex.4 dated 25.3.2009 indicates that the said application is absolutely laconic and lacks any factual foundation on the basis of which the learned trial court could have applied its mind and send for the Commissioner if considered CW-8063/09-Shree Jagannath Bhagwan Seva Sansthan & Ors. Vs. Municipal Council, Bhilwara & Ors. Judgment dt.4.9.09 2/2 appropriate. 3. In view of this kind of application before the learned trial court, the learned trial court cannot be faulted in having rejected the application under Order 26 Rule 9 C.P.C. and review petition as well. 4. There is no force in the writ petition. The same is accordingly dismissed. Copy of this order be sent to opposite parties and learned trial court. [ DR. VINEET KOTHARI ], J. item No.11 babulal/