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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Sukreet Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
VIKAS BAHL, J.
1. Present civil revision petition has been filed under Article 227 of the Constitution of India read with Section 115 CPC for setting aside the impugned order dated 21.02.2025 (Annexure P-1) passed by the Civil Judge (Junior Division), Panipat, whereby the application dated 13.02.2025 (Annexure P-4) moved by the petitioner/plaintiffs for appointment of local commissioner, by virtue of provisions enshrined under Order 26 Rule 9 of CPC has been declined.
2. Learned counsel for the petitioner has submitted that in the present case, the petitioner had filed a suit for declaration to the effect that the building constructed by defendants No.4 to 6 over plot No.441-R, Model Town, Panipat is illegal and had further sought mandatory injunction directing the defendants No.1 to 3 to demolish the alleged illegal construction and also to compensate the plaintiffs and for the said purpose, it is necessary to appoint the local commissioner. It is further submitted that the application filed by the petitioner for appointment of the local commissioner has been illegally dismissed by the trial Court vide order dated 21.02.2025 (Annexure P-1) which order deserves to be set a
An order refusing to appoint a local commissioner does not decide any issues or rights in a suit and is therefore non-revisable.
The central legal point established in the judgment is the non-maintainability of the revision petition under Article 227 of the Constitution, as reiterated from the law laid down in Pritam Singh's c....
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.
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.
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