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Per contra, the learned counsel appearing for the opposite party submits that no commission should be issued for the purpose of collecting evidence and the nature of the application is such that the plaintiff in fact, is seeking to collect evidence which is not permitted in law. In short, he submitted that no commission can be issued for the purpose of collecting evidence in a suit. In this regard he relied upon a decision in the case of The Institution of Engineers (India) and another vs. Bishnu Pada Bag & Anr. reported in AIR 1978 Calcutta 296. In the said case an application was filed under Order 39 Rule 7 of the Code of Civil Procedure for appointment of a pleader- commissioner to count the proxy votes from Utkal and others and to perform the other works as indicated in the earlier order dated 11th January, 1977. The Institute objected to such order being passed on the ground that Order 39 Rule 7 applies to the subject matter of the suit and not to any evidence in a suit. It was further submitted that even under Section 151 such commission could not be issued by the Court because issue of an inventory commission for helping a party to fish out evidence is opposed to justice.