JUDGMENT : L. Mohapatra, J. - Heard Learned Counsel for the petitioner. This Writ Application is directed against the Order dated 11.2.2004 passed by the Learned District Judge, Balasore in C.R. No. 48 of 2002 as well as the Order dated 17.4.2002 passed by the Learned Additional Civil Judge (Senior Division), Balasore in T.S. No. 306 of 1990-I rejecting the Application for appointment of Civil Court Commissioner. 2. I have perused the orders of the Trial Court as well as the Revisional Court. Learned Counsel for the petitioner submits that evidence from both sides has not been closed as yet. I am, therefore, of the view that the application under Order 26, Rule 9, CPC could be considered only after closure of evidence when Court finds it difficult to pass an effective decree on the existing evidence. It is, therefore, directed that after closure of evidence from both sides, it will be open for the petitioner to file another application, if necessary, and such application shall be considered on its own merit and the Court while deciding any such application shall take into consideration the fact as to whether on the existing evidence it is possible for the Court to pass an effective decree or not. The Writ Application is accordingly disposed of. Urgent certified copy be granted on proper application.