// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6453/2008 Sheokaran S/o Shri Bhanwar Lal Versus Kalyan @ Kalla S/o Sheodan and Others Date of Order ::: 14.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Anil Jain, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. Plaintiff-petitioner filed a suit for permanent injunction in respect of disputed property, which was dismissed by the trial court vide order dated 14.05.2004; being aggrieved with the same, an appeal was preferred by him and, during the pendency of the appeal, the plaintiff moved an application under Order 26 Rule 9 read with Section 107 CPC for appointment of Commissioner. The appellate court rejected the application vide order dated 23.05.2008. The said order is under challenge in this writ petition preferred on behalf of the plaintiff. The appellate court has observed that // 2 // the Commissioner cannot be appointed for the purpose of collecting additional evidence. It is the duty of the plaintiff to prove the measurement of the disputed plot by adducing his own evidence. The appellate court has observed that in the facts and circumstances of the case the appointment of Commissioner is not necessary. I do not find any illegality, perversity or jurisdictional error in the said order so as to interfere with the same. There is no merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//