Code of Civil Procedure, 1908–Order 39, Rule 7–Application for appointment of Commissioner–Dismissed–View of trial Court that the petitioner failed to bring any title document to prove that the property in question is ancestral and the Court cannot be used as a tool for collecting the evidence of a party–Further view that the petitioner wants that the deficiency of his suit be fulfilled by appointment of Commissioner so that the disputed question of facts could be re-opened–Held, the application was rightly dismissed.
