CR 1603 of 2022 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR 1603 of 2022 (O&M)

Date of Decision: April 29, 2022

Baljit Kaur

...Petitioner

Versus

Tehal Singh and others

... Respondents

CORAM : HON'BLE MR. JUSTICE FATEH DEEP SINGH

Present :

Mr. Aman Dhir, Advocate

for the petitioner.

FATEH DEEP SINGH, J. (Oral)

By way of this revision petition under Article 227 of

the Constitution of India by petitioner Baljit Kaur through her

attorney Nirmal Singh has sought to set aside the order dated

02.04.2022 (Annexure P-7) passed by the learned Civil Judge,

Junior Division, Phillaur, whereby, an application for

appointment of the Local Commissioner stands dismissed.

Heard Mr. Aman Dhir, Advocate for the petitioner

and perused the records.

AMIT RANA

2022.05.12 13:33

I attest to the accuracy and

authenticity of this document

Chandigarh

CR 1603 of 2022 (O&M)

2

The present petitioner then plaintiff had filed a suit

for permanent injunction directing the defendants to vacate the

street after removing the obstruction thereon in the property duly

described and depicted in the head note of the plaint.

The primary grounds in the plaint was that she was

owner of the property detailed in her pleadings and that street

leads to her house for the purpose of ingress and outgress and

which is only street which has been illegally and forcibly

obstructed by the respondents by parking a trolley in the street.

During the pendency of the suit, an application by

the plaintiff/petitioner for appointment of local commissioner to

visit the spot and report as to the actual position of this street in

question was moved and vide order dated 02.04.2022, the

Court of learned Civil Judge, Junior Division, Phillaur, dismissed

the application.

Appreciating the submissions, Order 26 Rule 9 CPC

vests in the Court immense power in any suit in which the Court

deems it necessary that the local investigation is necessary may

AMIT RANA

2022.05.12 13:33

I attest to the accuracy and

authenticity of this document

Chandigarh

CR 1603 of 2022 (O&M)

3

for the purposes of elucidating any matter in dispute can

ascertain through local commissioner to construe the state of

position. The stand of the defendants/respondents is that

plaintiff/petitioner had other ways to access to her home and the

street in question is one of the many streets that surrounds the

areas for the use of public. It is contended that it is the own

stand of the petitioner that she in no manner elucidated that how

the parking of a mere trolley was causing hindrance and a

cause of concern which affects her easmentary rights. Since

the suit has been filed by the plaintiff, the onus lay upon her to

establish through evidence her case to the hilt and cannot be

allowed to create evidence through appointment of local

commissioner. The Court below has given a well reasoned

order and there apparently appears to be no merit in the instant

petition, which as such stands dismissed in limine.

April 29, 2022

(FATEH DEEP SINGH)

amit rana

JUDGE

Whether reasoned/speaking :

Yes/No

Whether reportable

:

Yes/No

AMIT RANA

2022.05.12 13:33

I attest to the accuracy and

authenticity of this document

Chandigarh