IN THE HIGH COURT OF DELHI AT NEW DELHI
REKHA PALLI, AJAY DIGPAUL
Yuvraj Singh Puar – Appellant
Versus
Municipal Corporation Of Delhi – Respondent
ORDER :
1. A request for adjournment is made on behalf of the respondent no.1, who submits that earlier nominated counsel has now been designated as a Senior Counsel and, therefore, alternate arrangements are required to be made.
2. Learned senior counsel for the appellant submits that due to pendency of the present appeal, the respondent no.3, in an endeavour to make the present appeal infructuous, is proceeding to complete the construction of the suit property i.e. B-89, Greater Kailash, Part I, New Delhi. Learned counsel for the respondent no.3 vehemently denies this position and submits that the building is already complete.
3. This submission is controverted by the learned senior counsel for the appellant, who contends that construction is still ongoing. He, therefore, prays that a Local Commissioner be appointed to ascertain the factual position as on date.
4. Even though learned counsel for the respondent no.3 vehemently opposes the request for appointment of a Local Commissioner, we are of the view that it will be in the interest of justice to ascertain the correct factual position of the suit property as on date, as the same is likely to have a direct bearing on the outcome of
The appointment of a Local Commissioner is essential to ascertain factual circumstances affecting the outcome of an appeal.
The appointment of a Local Commissioner for premises inspection can be justified if it is necessary for the adjudication of the case, and the report prepared by the Local Commissioner can facilitate ....
An order refusing to appoint a local commissioner does not decide any issues or rights in a suit and is therefore non-revisable.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.