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Vagaram th. LRs. & Anr. vs. Lumbaram th. LRs. & Ors.

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Code of Civil Procedure, 1908–Order 39, Rule 7–Application for appointment of Commissioner–Rejection of–Appreciation–Petitioner prayed for appointment of Commissioner to ascertain the fact as to whether who is having the possession over the disputed plot–Suit is for cancellation of sale deed–Issue of possession is hardly relevant–If the Commissioner is appointed, it would be nothing short of collecting evidence on behalf of petitioner–Even,the application was rejected on wrong count of causing delay, it is not a fit case for interference.