Arun Bhansali, J. - (1.) THIS writ petition under Article 227 of the Constitution of India has been filed by the petitioner aggrieved against the orders dt. 1.5.2012 (Annex. -6), 14.5.2012 (Annex. -8) and 27.2.2015 (Annex. -13), whereby the trial Court has appointed local Commissioner, application seeking recall of the order has been rejected by the trial Court and review petition filed by the petitioner qua the original order have been dismissed by the trial Court respectively. The respondent -plaintiff filed a suit for permanent injunction against the petitioner -defendant. When the application seeking temporary injunction, which was filed alongwith suit came up before the trial Court, the trial Court by its order dt. 1.5.2012 (Annex. -6) opined that calling of Commissioner's report was justified and appointed one Jagdish Bishnoi, Advocate as Commissioner. The petitioner filed application on 10.5.2012, inter -alia, indicating that against the order dt. 1.5.2012, the petitioner has filed review application and next date fixed in the matter was 14.5.2012, as the Commissioner Jagdish Bishnoi has not informed the petitioner nor the report has been produced before the Court, the applicant has apprehension that he may be discriminated against and prayed that some Senior Advocate be appointed Commissioner.
(2.) THE application was taken up by the Court on 14.5.2012 and after hearing the parties, the trial Court came to the conclusion that no reason has been indicated to show that the petitioner may be discriminated against and consequently dismissed the application. The review petition filed by the petitioner was taken up by the trial Court and by order dt. 27.2.2015, the same was rejected holding that Commissioner can be appointed suo motu by the Court and the provisions of Section 151 CPC cannot be used in contravention of express provision.
(3.) IT is submitted by learned counsel for the petitioner that the trial Court committed error in appointing Commissioner and dismissing the application and review petition filed by the petitioner.;