This High Court dismissed a writ petition challenging an order refusing the appointment of a site inspection Commissioner. The Court found no error in the trial Judge's rejection of the application seeking such appointment under Order 39 Rule 7 and Section 151 CPC.
Writ petition dismissed; stay applications pending, if any, dismissed.
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[2023:RJ-JP:38210]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3242/2019
----Petitioners
Versus
----Respondents
For Petitioner(s) : None present
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
05/12/2023
[2023:RJ-JP:38210]
[CW-3242/2019]
(2 of 2)
rejected by the learned trial Judge by observing therein that the site inspection Commissioner cannot be appointed to collect evidence in support of either of the party. The trial Judge has not committed an error in passing the order impugned.
(ANOOP KUMAR DHAND),J
MR/7
2 issues framed by the court
Whether a trial Judge erred in refusing to appoint a site inspection Commissioner under Order 39 Rule 7 and Section 151 CPC.
Whether the appointment of a site inspection Commissioner for evidence collection is permissible in the given circumstances.
2 provisions across 1 enactments
Kamal
Harlal
Rama
State of Rajasthan Tamil
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
