M.R. Verma, J.:- This revision petition is directed against the order dated 8.12.1999 passed by the learned Sub Judge, I-Class (I), Palampur whereby an applicaton under Order 26 Rule 9 of the Code of Civil Procedure filed by the plaintiff in Civil suit No. 92/95 for appointment of a Local Commissioner to demarcate the suit land has been dismissed.

2. I have heard the learned counsel for the parties and have also gone through the material placed on the file.

3. Since the maintainability of the present revision petition has been challenged, therefore preliminary question which arises for determination in this petition is as to whether a revisionlies against an order refusing to appoint a Local Commissioner.

4. In Gulaba v. Hart Ram, 1982 Sim L.C. 85 a learned Single Judge of this court held that an order of rejection of an application under Order 26 Rule 9 of the Code of Civil Procedure for appointment of a Local Commissioner definitely adjudicated some rights or obligations of the parties in controversy and as such the said order will be deemed to be within the purivew of the word "case decided" as used in Section 115ofthecodeofCivilProcedure. Therefore, a revision petition wil