Code of Civil Procedure, 1908–Order 26, Rule 9 r/w. Sec. 151–Rejection of application–Suit for possession and mandatory injunction–Commissioner cannot be appointed unless there is a quarrel or dispute about the identification of the property or its measurement–Plaintiff filed the application with the view to ascertain the current status of the land and construction thereupon–These facts can be placed by the photographs of the site–Further, stage of construction or status of construction is not a subject matter of dispute–Held, no interference is called in the impugned order.
