ORDER BELOW EXH……. IN RCS NO. 04 OF 2013
Read the application. Heard L.A. Shri SO and SO on behalf of the defendant.
Looking to the facts and circumstances of the suit it is required to carry a local investigation for the purpose of elucidating the matter in dispute between the parties by appointing the court commissioner. Without the appointment of the court commissioner it is difficult to adjudicate the matter in dispute. I, therefore, pass the following order in the interest of justice.
This application is hereby allowed.
Mr. is appointed as court commissioner under order 26 rule 9 of the Code of Civil Procedure for the purpose of making a panchnama/map of the disputed property. Court commissioner is directed to intimate the concerned parties before making a panchnama/map in presence of the concerned parites. He is further directed to avoid mentioning his personal opinion in the panchnama/map. The Court commissioner is also directed to make panchnama/map and to report thereon on this court on or before……………
The defendant is directed to deposit Rs. At first instance as court commissioner’s remuneration.
Issue commission patra on payment of process fee returnable on aforesaid date.
Order passed on ……………… in the open Court.
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