Code of Civil Procedure, 1908–Order 26, Rule 9–Application for appointment of commissioner–Dismissed–Petition for eviction–Tribunal issued the certificate of possession–During the appeal, appointment of commissioner was sought–View of appellate Tribunal that the application was filed to prolong the trial–Whether the disputed premises were part of araji. no. 1649 or 1670 was within the well knowledge of the parties–Oral and documentary evidence were led by both parties–Tribunal recorded the findings on the issue–Held, petitioner cannot be permitted to gather the evidence through appointment of commissioner.
