The High Court dismissed a civil revision petition challenging the rejection of an application for appointing a Local Commissioner. The court held that such an order declines no substantive rights, rendering the revision unmaintainable.
Petition dismissed as unmaintainable.
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In the High Court of Punjab and Haryana at Chandigarh
Civil Revision No. 2862 of 2009 Date of decision: May 19, 2009
Gurmail Singh and others
.. Petitioners
Vs.
P.U.D.A. and others
.. Respondents
Coram: Hon'ble Mr. Justice A.N. Jindal
Present: Mr. B.S. Bali, Advocate for the petitioners.
A.N. Jindal, J
In a suit for mandatory injunction filed by the plaintiffpetitioner (herein referred as 'the petitioner') restraining the defendants from taking possession of the property/changing nature and use and also from interfering in actual possession of the plaintiff over the suit property. An application for appointment of the Local Commissioner has been filed to report about actual and factual position at the spot which was dismissed.
Heard. The prayer made in the application is vague and he has not mentioned as to what inspection is to be carried out by the Local Commissioner. Even otherwise, the order declining the appointment of the Local Commissioner does not decide the rights of the parties. No Local Commissioner could be appointed for creating evidence. The petitioner could lead evidence in his own way instead of getting appointed the Local Commissioner for establishing the possession at the spot.
This Court in case Dhan Singh vs. Darshan Singh and another, 2007 (1) PLJ 376 while relying upon the Full Bench judgment of this court delivered in case Pritam Singh vs. Sunder Lal 1990 (2) SLJ 636 observed that the revision petition against the order declining the appointment of the Local Commissioner is not maintainable as the said order does not adjudicate the rights of the parties.
Resultantly, this petition being devoid of any merit is
dismissed.
May 19, 2009 (A.N. Jindal) deepak Judge
1 issue framed by the court
Whether a revision petition is maintainable against the order declining the appointment of a Local Commissioner when the order does not adjudicate the rights of the parties.
Colour shows how this judgement treated each authority
Dhan Singh vs. Darshan Singh and anotherRelied on¶13
Dhan Singh vs. Darshan Singh and another, 2007 (1) PLJ 376
Pritam Singh vs. Sunder LalExplained¶13
Pritam Singh vs. Sunder Lal 1990 (2) SLJ 636
Gurmail Singh and others
P.U.D.A. and others
A.N. Jindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
