Code of Civil Procedure, 1908–Order 39, Rule 7–Application for appointment of Commissioner–Dismissal of–Suit with the allegation that the illegal construction has been made on the road beyond the permission granted by Municipal Council–Appointment of Commissioner is restricted for the purpose of detention, preservation, and inspection of the subject matter of suit–To find out whether the alleged constructions were on the road or beyond the sanctioned plan, Commissioner cannot be appointed and the same can be proved through documents and witnesses to be examined by the petitoner-plaintiffs during the course of trial–Held, application was rightly dismissed.
