Code of Civil Procedure, 1908–Order 26, Rule 9 r/w. Sec. 151–Application for appointment of commissioner–Dismissal of–Suit was for determination of standard rent–Real controversy could have been proved by the evidence of parties–Whether any construction was made by the defendants illegally on the portion in expansion of the portion let out to their forefathers, is also a matter to be proved by the plaintiffs from their own evidence–Held, application was rightly dismissed.
