IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.10023/2007 {Sefurrehman Versus The Civil Judge (Jr. Div.) Tonk & Others} Date of Order :: 2nd July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Suresh Charan for the petitioner BY THE COURT: Heard learned counsel for the petitioner. 2. The plaintiff – petitioner filed a suit for permanent injunction in the trial court and during the pendency of that suit he moved an application under Order 39 Rule 7 CPC for appointment of Commissioner in respect of disputed pipeline which is passing through the field of defendants. The trial court rejected the said application vide impugned order dated 15th November, 2007. The trial court has observed that the defendants have not specifically denied the pipeline at place marked as A,B,C,D. The plaintiff himself has mentioned that his pipeline is installed at the place mentioned as A,B,C,D. The trial court has observed that in view of above, there is no need to appoint a Commissioner as it will amount to collect the evidence for a party. In -2- the facts and circumstances of the present case the reasons assigned by the learned trial court appears to be justified. I do not find any illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same while sitting in writ jurisdiction under Article 227 of the Constitution. There is no merit in this writ petition and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. DK