IN THE COURT OF DISTRICT JUDGE………………..
………………………………………………………………. Plaintiff
versus
……………………………………………………………. Defendant
Application under Order 26 Rule 9 Order 39
Rule 7 and Section 151 C. P. C.
Sir,
The plaintiff respectfully submits as follows:
1. That the plaintiff has filed the above noted suit for possession. Along with the plaint, the plaintiff has also moved an application under Order 39 Rules 1 and 2 and Section 151 C. P. C. The………………… same may be read as part of this application.
2. That the defendant who is in possession of the disputed premises is trying to defeat and delay the claim of the plaintiff. The defendant is trying to part with the possession of the premises in dispute.
3. That to know the factual position and to defeat the false defence, it is necessary that a Local Commissioner may be appointed to go to the spot and report regarding the possession of the disputed premises.
4. That it is therefore, prayed that in the interest of justice, a Local Commissioner may be appointed with directions to visit the spot and report as to who is in possession of the disputed premises shown in blue in the plan annexed with the plaint forming part of property No…………………. any other relief that this Hon’ble Court deems fit may also be granted to the plaintiff.
It is accordingly prayed.
Plaintiff
Through Advocate
Place:………………..
Dated:………………..