Ajay Mohan Goel, J.

By way of this appeal, appellant/plaintiff has challenged the judgment and decree passed by the Court of learned Additional District Judge, Fast Track Court, Kullu in Civil Appeal No. 13 of 2005 as well as the judgment and decree passed by the Court of learned Civil Judge (Junior Division), Manali, District Kullu in Civil Suit No. 35/2003-93 of 2004, vide which learned trial Court dismissed the suit for permanent injunction filed by the present appellant and the learned appellate Court upheld the judgment and decree so passed by the learned trial Court.

2. The present appeal was admitted by this Court on 06.07.2007 on the following substantial questions of law:

“1. Whether the learned first appellate Court while entertaining a doubt about the correctness of demarcation and the report, had erred in not exercising its discretion in allowing the application under Order 26 Rule 9 CPC for appointment of a Local Commissioner to determine the lis inter se the parties and whether the said application could be rejected in the judgment while holding the previous demarcation bad without ordering for a fresh one?

2. Whether once the learned District Judge had entertai