JUDGMENT

Manjari Nehru Kaul, J.(Oral) - The petitioner is impugning the order dated 13.10.2021 (Annexure P-3) passed by Civil Judge (Jr. Divn.) Jind vide which his application filed under Order XXVI Rule 9 CPC r/w Section 151 CPC for appointment of local commissioner was dismissed.

2. Learned counsel for the petitioner has vehemently argued that the impugned order is contrary to the settled principles of law and thus, deserves to be set aside. He has submitted that the trial Court while passing the impugned order failed to appreciate that the report of the local commissioner qua the possession over the suit property, after carrying out demarcation would help in the just and effective adjudication of the issue in dispute between the parties. He further submits that the respondents have been trying to illegally dispossess the petitioner from the suit property and have also been disputing their ownership, therefore, the appointment of a local commissioner would go a long way in assisting the Court to ascertain the ownership of the suit property as per the title records and documents. In support of his submissions, learned counsel has placed reliance upon the judgment of Hon'ble Supreme