Arvind Kumar Vs Gyan Chand & Ors. — Delhi HC (2025) — LawSathi Research

Arvind Kumar Vs Gyan Chand & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: plaintiff granted liberty to summon a competent Revenue Authority officer to demonstrate the suit property lies in Khasra No. 1596, with a mirror liberty to the defendants to summon such an official to demonstrate it lies in Khasra No. 1595; one opportunity each; plaintiff to move the application within two weeks; pending applications also disposed of in the same terms.

Issue for consideration

Whether the dismissal of the plaintiff's application under Order XXVI Rule 9 CPC for appointment of a local commissioner to demarcate Khasra Nos. 1595 and 1596 calls for interference in the present petition. +1 more

Court's answer

The Court has made no observation on the merits of the case; the order is without prejudice to the rights and contentions of either party.

Ratio / Principle

The petition is disposed of with the direction that the plaintiff is at liberty to summon any competent officer from the Revenue Authority to demonstrate his assertion that the suit property is located in Khasra No. 1596.

Key takeaways

To ensure no prejudice to the defendants, they are equally at liberty to call any such official to demonstrate that the suit property is located in Khasra No. 1595.ratio¶19
Both sides are entitled to one opportunity each to summon a revenue official on this aspect.ratio¶20
The application seeking to summon the revenue official is to be moved by the plaintiff within two weeks.ratio

Detailed headnote1 paragraphs

Civil miscellaneous main petition by the plaintiff (seeking possession, injunction and damages in the underlying suit) against dismissal of his application under Order XXVI Rule 9 CPC for appointment of a local commissioner to demarcate Khasra Nos. 1595 and 1596, Inder Puri, New Delhi, the defendant claiming under sale deeds that the property lies in Khasra No. 1595 while the plaintiff asserted it lies in Khasra No. 1596. With the matter at the stage of final arguments, and counsel for the petitioner offering to summon a Revenue Authority official instead, the petition was disposed of: the plaintiff was granted liberty to summon any competent officer of the Revenue Authority to demonstrate that the suit property is located in Khasra No. 1596, with a corresponding liberty to the defendants to call such an official to show it lies in Khasra No. 1595; each side was entitled to one opportunity, and the plaintiff was to move the application within two weeks. The Court expressly made no observation on the merits and the order was without prejudice to the rights and contentions of either party; pending applications were disposed of in the same terms.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 1^st , September, 2025

- CM(M) 128/2019& CM APPL. 3689/2019 & CM APPL. 39794/2023 ARVIND KUMAR .....Petitioner

Through: Mr. P K Bhadrdwaj, Advocate. versus

GYAN CHAND & ORS .....Respondent Through: Mr. Jatin Kumar with Mr. Jitesh Kumar, Advocates.

C ORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

Petitioner is plaintiff before the learned Trial Court and is seeking possession, injunction and damages.

The petitioner/plaintiff claims himself to be the owner/land-lord of property measuring 75 Sq. Yds. which according to him is situated in Khasra no. 1596, Inder puri, New Delhi.

During the trial, plaintiff moved an application under Order XXVI Rule 9 CPC praying for appointment of a local commissioner to ascertain the location of the suit property.

According to the petitioner/plaintiff, since the defendant, while relying on sale deeds was claiming that the property in question is situated in Khasra No. 1595, Inder puri, New Delhi, need arose, so that the Revenue Officer of the village in question is appointed local commissioner for demarcation of Khasra No. 1595 and 1596 to ascertain the exact location and status of the suit property.

The grievance raised in the present petition is with respect to the dismissal of his such application.

CM(M) 128/2019

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The present petition is pending for quite some time and the matter is, reportedly, at the stage of final arguments.

When asked, learned Counsel for the petitioner, submitted that instead of appointing a local commissioner, he would have no objection, if one opportunity is granted to plaintiff to summon concerned Official from Revenue Authority in order to show and demonstrate that suit property is located in Khasra No. 1596 instead of Khasra No. 1595.

Learned Counsel for the respondent submits that the petitioner/plaintiff should have been vigilant and should have taken requisite steps at the stage of trial to establish any such fact,

Keeping in mind the overall facts and circumstances of the case and to avoid any unnecessary complication arising in future, the present petition is disposed of with direction that the plaintiff would be at liberty to summon any competent officer from Revenue Authority in order to demonstrate his assertion that suit property is located in Khasra No. 1596. However, at the same time, in order to ensure that there is no prejudice to the case of the defendants, they would be also at liberty to call any such official in order to demonstrate that the suit property is located in Khasra No. 1595, instead.

It is, however, clarified that both the sides would be entitled to one opportunity each in this regard.

Petition is, accordingly, disposed of in aforesaid terms. The application, seeking to summon any such revenue official, be moved by plaintiff within two weeks from today.

It is, however, clarified that this Court has not made any observation on the merits of the case as such and the order is, without prejudice to rights and contentions of either of the parties.

CM(M) 128/2019

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Pending applications also stand disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE

SEPTEMBER 1, 2025/ sw/SHS

CM(M) 128/2019

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