IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.11 of 2008. Date of decision: 24.11.2008. Hem Raj & Another …Petitioners Versus Bidhi Chand & Others …Respondents Coram The Hon’ble Mr.Justice Dev Darshan Sud,J. Whether approved for reporting ?1 For the Petitioners: Mr.K.S. Banyal, Advocate. For Respondent No.17: Ms.Ruma Kaushik, Additional Advocate General. Dev Darshan Sud,J. The petitioners-plaintiffs challenge the order dated 28.9.2007 passed by the learned trial Court on an application filed by them for appointment of the Local Commissioner. The allegations in the application were, that the fact pleaded by the plaintiff, as to whether construction has been raised over the suit land or any damage has been caused to the house of the plaintiffs, can only be determined by appointing a Local Commissioner. Learned trial Court holds that there is no necessity for the appointment of a Local Commissioner 1 Whether the reporters of Local Papers may be allowed to see the judgement? 2 and the facts can be established by leading independent evidence. There is no error of jurisdiction committed by the Court below in passing this order. It will be open to the plaintiffs to lead evidence to establish their case and in case the Court so desires, Local Commissioner can be appointed for the inspection of the suit land/property. The learned trial Court will keep in mind the principle of law as laid down by this Court in Bali Ram vs. Mela Ram and Another, AIR 2003 Himachal Pradesh 87 holding:- “13. … … … … …Though the object of the local investigation is not to collect evidence which can be taken in the Court, but the purpose is to obtain such evidence, which from its peculiar nature, can only be had on the spot with a view to elucidate any point which is left doubtful on the evidence produced before the Court. To issue a commission under Rule 9 of Order 26 of the Code, it is not necessary that either or both the parties must apply for issue of commission. The Court can issue local commission suo motu, if, in the facts and circumstances of the case, it is deemed necessary that a local investigation is required and is proper for the purpose of elucidating any matter in dispute. Though exercise of these powers is discretionary with the Court, but in case the local investigation is requisite and proper 3 in the facts and circumstances of the case, it should be exercised so that a final and just decision is rendered in the case”. Merely stating that the plaintiffs seek to collect evidence and then rejecting the application is not proper exercise of jurisdiction. However, in the facts and circumstances of the case, I do not intend to interfere in the order passed by the learned trial Court which shall be bound by the precedent of this Court as noticed above. The learned Court will determine as and when the necessity arises as to whether it is necessary for the appointment of the Local Commissioner or not in view of the law laid down by this Court. This petition is accordingly disposed of. November 24, 2008. (Dev Darshan Sud) (aks) Judge.