Code of Civil Procedure, 1908–Order 39, Rule 7 & Order 39, Rules 1 & 2–During the pendency of application for granting the temporary injunction, application for appointment of Local Commissioner to report on the existence of alternative way was filed–Dismissal of application–Prima facie case is
required to be examined at this stage–Petitioners own assertion that the material already available on record indicates sufficient support for the case set up by him–Prayer made by him can only be termed as an attempt to gather further evidence–Held, the application was rightly rejected.
