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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Rupinder Singh – Appellant
Versus
Tarsem Lal – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral) - Present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 13.08.2024 (Annexure P-5) passed by the Civil Judge (Junior Division), Batala vide which the application filed by the petitioner/defendant under Section 151 CPC for appointment of Local Commissioner has been dismissed.
2. Learned counsel for the petitioner has submitted that the respondent had filed a suit for permanent injunction and there is a dispute regarding identity of the property and the Local Commissioner previously appointed by the Court had not carried out the demarcation in the presence of the petitioner and thus, a prayer has been made that another Local Commissioner be appointed. It is further submitted that the impugned order vide which the said application for appointment of second Local Commissioner has been dismissed is illegal and deserves to be set aside and the application filed by the petitioner for appointment of second Local Commissioner deserves to be allowed.
3. This Court has heard learned counsel for the petitioner and has perused the paper-book and is of the opinion that the order dated 13.08.
An order dismissing an application for appointing a Local Commissioner does not adjudicate rights and is hence not revisable, as established by prior authority.
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.
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 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 petitioner must adduce independent and reliable evidence and cannot rely on the court to collect evidence for him. The appointment of a local commissioner for the purpose of collecting evidence i....
The demarcation of land by a Local Commissioner must be carried out strictly in accordance with the instructions of the relevant authorities and land record manuals.
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