Rajasthan High Court - Jaipur
Vitthelesh Kumar Sharma vs Mohan Lal Sharma & Ors on 10 April, 2018
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No.6339/2018
Vitthelesh Kumar Sharma S/o Sh. Shyam Sundar Sharma, by
Caste- Brahmin, Aged About 40 Years, R/o- Nangal Jaisa Bohara,
Jhotwara, Jaipur. ----Petitioner
Versus
1. Mohan Lal Sharma S/o Sh. Rameshwar Lal Sharma, Caste-
Brahmin, R/o Nangal Jaisa Bohara, Jhotwara, Jaipur.
2. Ramkrishna Sharma S/o Sh. Rameshwar Lal Sharma, Caste-
Brahmin, R/o- Nangal Jaisa Bohara, Jhotwara, Jaipur.
3. Nagar Nigam Through Its Mayor, Nigam Office- Lalkothi, Tonk
Road, Jaipur.
4. Deputy Commissioner, Vidhyadhar Nagar Jone, Office Add.-
Near Science Park, Shashtri Nagar, Jaipur. ----Respondents
_____________________________________________________ For Petitioner(s) : Mr.Rahul Kamwar. _____________________________________________________ HON'BLE MR. JUSTICE ALOK SHARMA Order 10/04/2018 The petitioner-plaintiff (hereinafter `the plaintiff') has challenged the order dated 21.02.2018 passed by the Additional Civil Judge and Metropolitan Magistrate No.4, Jaipur Metropolitan Jaipur in Civil Suit No.737/2017 whereby the application for appointment of local commissioner filed by the plaintiff has been dismissed.
The trial court has held that a local commissioner under Order 26 Rule 9 CPC cannot be appointed for collection of evidence. In law it is the burden of a contesting party to bring evidence before the trial court in support of the case laid. So holding the trial court has dismissed the plaintiff's application.
Counsel for the plaintiff has not been able to make out any ground to establish any jurisdictional error or perversity in the (2 of 2) [CW-6339/2018] impugned order. I am of the considered view that the order passed by the trial court is founded on well-settled in law and there is no warrant to interfere therewith.
The petition is accordingly dismissed.
(ALOK SHARMA), J Karan/13