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2015 Supreme(P&H) 151

SABINA
Harwinder Kumar – Appellant
Versus
Nasib Singh – Respondent


Advocates:
For the Petitioner:Mr. Vipin Mahajan, Advocate.

JUDGMENT

Mrs. Sabina, J.: - Petitioner has filed this petition challenging the order dated 06.08.2014 whereby, application moved by the petitioner under Order 26 Rule 9 of the Civil Procedure Code, 1908 (hereinafter referred to as ‘CPC’), for appointment of Local Commissioner, was dismissed.

2. I have heard learned counsel for the petitioner and have gone through the record available on this file carefully.

3. Petitioner along with others have filed suit for declaration to the effect that they were owners in possession of the suit land measuring 15 marlas out of total land measuring 2 kanals 7 marlas. During the pendency of the suit, plaintiffs had filed an application under Order 26 Rule 9 of the CPC for appointment of Local Commissioner. The case of the plaintiffs was that they had filed a suit for rectification of the sale deed dated 4.03.1996, by adding khasra No.135R(2-7) before the area 0 kanal 9 marla and for deleting the word lal laqir from the said sale deed as the property fell in khasra No. 135R(2-7) and not in lal laqir. The said fact had been duly written in the sale deed by the vendor. In order to ascertain the boundaries mentioned in the sale deed, Local Commissioner








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