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ARUN MONGA
Paramjit Sidhu – Appellant
Versus
Inderpreet Singh – Respondent
JUDGMENT
Arun Monga, J. (Oral)
CM-7201-CII-2023
For the reasons stated in application, same is allowed subject to all just exceptions.
Main case (O&M)
Petition herein inter alia is for setting aside impugned order dated 04.03.2023 passed by learned Additional Civil Judge (Senior Division), Hoshiarpur whereby application under Order XXVI Rule 9 of Code of Civil Procedure, 1908 (for short 'CPC')filed by plaintiff-respondent No.1 for appointment of local commissioner, was allowed. Further sought setting aside of impugned order dated 12.04.2023 passed by learned Additional Civil Judge (Senior Division), Hoshiarpur whereby review application filed against aforesaid order dated 04.03.2023, was also dismissed.
2. The revision petition is premised on the averments that respondent No.1- plaintiff filed suit for permanent injunction restraining defendants from raising any construction in the area of his ownership. During pendency of suit, respondent No.1- plaintiff also filed an application (Annexure P-1) under Order XXVI Rule 9 read with Section 151 of CPC for appointment of local commissioner. Vide impugned order dated 04.03.2023, learned Court below allowed the aforesaid application for a
The court has discretion under Order 26 Rule 9 CPC to appoint a local commissioner for proper elucidation of the matter in dispute, and the earlier dismissal of such a request does not preclude the c....
The onus of proof lies on the respective parties by adducing evidence at the appropriate stage, and the court should not assist in collecting favorable evidence.
An order refusing to appoint a local commissioner does not decide any issues or rights in a suit and is therefore non-revisable.
The court established that the refusal to appoint a Local Commissioner does not affect the rights of the parties and is not subject to revision.
The discretion to appoint a local commissioner rests with the court, and the party must lead evidence to prove ownership and possession over the property.
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