Code of Civil Procedure, 1908–Order 39, Rules 7–Rajasthan Tenancy Act, 1955–Secs. 88 & 188–Prayer for appointment of Commissioner–Rejected–Revision against–Dismissed by BOR–Instant writ petition–Petitioner filed the application for appointment of Commissioner to ascertain factual position with respect of possession over the contentious land which is subservient to evidence to be led by the parties–Entertainment of such application will be nothing short of collection of evidence prior to recording of evidence of respective parties–Appointment of Commissioner is completely a discretionary power of the Court and a party cannot claim for appointment as a matter of right–Interference declined.
