Court No. - 30
Case :- WRIT - A No. - 17784 of 2018 Petitioner :- Adarsh Kumar Respondent :- Bhagwat Saran Vaish Counsel for Petitioner :- Rahul Sahai
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for quashing the order dated 12.7.2018 passed by Civil Judge (S.D.) / Fast Track Court, Badaun in RCC Suit No. 9 of 2015 (Bhagwat Saran Vaish vs. Adarsh Kumar).
By the impugned order the application filed by the defendant- petitioner herein paper no. 36-Ga has been rejected.
Submission of learned counsel for the petitioner is that the petitioner has multistory shop as mentioned in paragraph 16 of the application of the written statement and therefore, spot inspection / commission is necessary to bring on record the genuineness of bonafide need set up by the landlord.
I have considered the submissions and have perused the record.
On perusal of record I find that the allegation made in paragraph 16 was admitted by the landlord in his replication and therefore, the object appears to be collection of evidence, which cannot be permitted.
In view of the law laid down by this Court in the case Mohammad Ibrahim Vs. Ashok Kumar Agarwal 2018 (2) ARC 417 I do not find any legal infirmity in the order impugned herein. The application for commission cannot be used for the purpose of collection of evidence.
Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 21.8.2018 Lalit Shukla