Code of Civil Procedure, 1908–Order 26, Rule 9–Prayer to appoint the Commissioner–Trial Court rejected the prayer but directed to defendant to place the alleged site report on the record–Plaintiff filed the suit with the averments that he has not encroached on any extra land beyond his patta–Burden to prove that he was not in possession of excess land was totally on the plaintiff and the same could not have been shifted on the defendant and the Court could not have been made a medium to collect evidence so as to support the plaintiff–Appointment of Commissioner was rightly denied.
